HSSA Plaintiff Asks 9th Circuit to Affirm Summary Judgment Order vs. Dish
Plaintiff-appellant Narciso Fuentes brought his action to "put an end" to Dish Network’s violations of California’s Home Solicitation Sales Act (HSSA) for its refusal to provide “in-kind language translations” of its contracts and cancellation right disclosures or to honor cancellation…
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requests,” said his brief Monday (docket 23-15989) at the 9th U.S. Circuit Court of Appeals. The district court “had little trouble entering summary judgment in Fuentes’ favor,” finding that either Fuentes had agreed to Dish’s terms at his home, and was therefore covered by the HSSA, or alternatively that no contract was formed until Fuentes later signed Dish’s “form written contracts” at his home, which were covered by the HSSA, it said. Dish’s arguments to the contrary require the court to rewrite “basic California contract law,” it said. While the district court correctly found that Dish violated the HSSA, it erred in denying Fuentes’ request to remand the unadjudicated claims for public injunctive relief, “for which it is undisputed that Fuentes lacks Article III standing,” it said. Fuentes asks the 9th Circuit to affirm the district court’s summary judgment order and to reverse the denial of remand, said the brief.