FacultyFaculty/Author Profile
Hawk Barry

Hawk Barry

Rosner, Barry & Babbitt, LLP

San Diego, CA, USA

Hawk Barry is a partner at Rosner,Barry & Babbitt, LLP, focusing his practice on dealership fraud andfinancial disclosure class action cases involving violations of California’sAutomobile Sales Finance Act, Vehicle Leasing Act, Consumers Legal RemediesAct, and Unfair Competition Law.  Mr.Barry serves as trial counsel on both dealership fraud and Lemon Law cases, andhas helped clients obtain favorable recoveries in cases involving falseadvertising, non-disclosed prior rental vehicles, “packing,” and illegalback-dating of contracts.  Mr. Barry hassuccessfully certified consumer classes alleging backdated purchase contracts,purchase contracts that fail to disclose negative equity, improper disclosureof charges for insurance, improper charging of DMV fees, and improper chargingof smog fees resulting in millions of dollars in class action settlements.  Mr. Barry was lead trial counsel in Nelsonv. Pearson Ford, San Diego Case No. GIC881178, where a judgment wasobtained in favor of both a backdating class and an insurance class.  Mr. Barry was also appellate counsel in Nelsonv. Pearson Ford Co. (2010) 186 Cal.App.4th 983, Fisher v. DCH TemeculaImports LLC (2010) 187 Cal.App.4th 601, Lewis v. Robinson Ford Sales,Inc. (2007) 156 Cal.App.4th 359, and Graciano v. Robinson Ford Sales,Inc. (2006) 144 Cal.App.4th 140, all of which resulted in significantvictories for consumers.  He has alsoargued cases under CAFA before the Ninth Circuit, including the recent Mondragonv. Capital One Auto Finance (9th Cir. 2013) 2013 WL 6183001,which established circuit precedent for satisfying the citizenship requirementunder the local controversy exception.

Mr. Barry has advocated repeatedlyon behalf of consumers against enforcement of the arbitration clause car dealersuse in their contracts.  Published opinionsin this field include Vasquez v. Greene Motors, Inc. (2013) 214Cal.App.4th 1172 (review granted); Flores v. West Covina Auto Group(2013) 212 Cal.App.4th 895 (review granted); Goodridge v. KDF AutomotiveGroup, Inc. (2012) 209 Cal.App.4th 325 (review granted); Caron v.Mercedes-Benz Financial Services USA LLC (2012) 208 Cal.App.4th 7 (reviewgranted); Sanchez v. Valencia Holding Company, LLC (2011) 201Cal.App.4th 74 (review granted); Roberts v. El Cajon Ford (2011) 200 Cal.App.4th 832; and Fisher v. DCH Temecula Imports, LLC (2010) 187 Cal.App.4th601.  The Sanchez case is fully briefed andawaiting oral argument at the California Supreme Court.

Mr. Barry spoke at the 2008 and2010 National Association of Consumer Advocates Auto Fraud Conferences.  He received his undergraduate degree from DukeUniversity (B.A., History and Political Science, 1992) and his law degree fromthe University of Southern California School of Law (J.D., 1995).


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