This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Conversion

Derek J. Jarvis v. Harvey and Madding Inc. dba Dublin Honda, and Does 1 through 30

Published: Sep. 1, 2012 | Result Date: Jul. 3, 2012 | Filing Date: Jan. 1, 1900 |

Case number: HG10525534 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Donald F. Seth


Defendant

David R. Sidran
(Sidran Law Corp.)


Facts

Derek Jarvis purchased a vehicle from Harvey and Madding Inc., dba Dublin Honda. Jarvis traded in an old vehicle as a down payment on the new one. Jarvis claimed that Dublin Honda failed to pay off the loan on Jarvis' trade vehicle and wrongfully repossessed it. He sued for breach of contract and conversion.

Dublin Honda denied Jarvis' allegations and contended that the dealership lawfully repossessed the vehicle. It cancelled the deal when Jarvis failed to qualify for financing due to exaggerating his income on his credit application.

Result

The jury found that Dublin Honda properly sent Jarvis a notice of rescission within the time allowed by the terms of the contract, and thus had the legal right to repossess the vehicle.

Deliberation

two days.

Poll

10-2

Length

six days


#103803

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390