James Bowers v. Janet Lynch, Sherren Nerren, Frank Robert Odum, et al.
Published: Jun. 14, 2001 | Result Date: Mar. 30, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC219924 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On Dec. 16, 1998, plaintiff James Bowers, an 83-year-old man, purchased a mobile home in a
trailer park in North Hollywood for $20,000. Bowers received a signed pink slip from the prior
owner, but neglected to file in his information and register the unit with the Department of Motor
Vehicles. Rather, Bowers allegedly left the signed pink slip in a file in a kitchen drawer in the unit
and forgot about it. Bowers then rented the trailer to defendant Janet Lynch. Unbeknownst to
Bowers, on Sept. 28, 1999, Lynch allegedly found the pink slip, filed in her own information and
registered the trailer in her name. On Oct. 1, 1999, Lynch sold the unit to defendant Sherren
Nerren for $4,000. Bowers then allegedly discovered that Lynch had stolen the pink slip and filed
this action for injunctive relief and to quiet title. The court granted injunctive relief by way of a
TRO, but Bowers could not afford to post the bond and the permanent injunction was never
granted. Thereafter, Nerren sold the unit to defendant Frank Odum for $9,000. Lynch ultimately
defaulted. Upon issuance of the TRO, Nerren returned the $9,000 to Odum. However, Odum had
already transferred title to himself. Odum appeared in court, indicated that he did not want to
appear and would abide by the courtÆs ruling and sign the pink slip to whomever won at trial.
Odum entrusted the original pink slip to the plaintiffÆs counsel to hold in trust.
Settlement Discussions
At a mandatory settlement conference with Judge Berle before trial, the plaintiff offered to pay defendant Nerren $1,500 in return for relinquishment of any right or title to the mobile home. The defendant demanded $4,000.
Other Information
The pink slip issued to Lynch reflected a transfer date of April 28, 1998. Lynch testified that Bowers gave her the mobile home in April or May 1998. The court took judicial notice of this transfer date which was eight months prior to the time that Bowers purchased the mobile home. The prior owner testified that he had never heard of Lynch, that on April 28, 1998, he still owned the mobile home and that he sold it to Bowers on Dec. 16, 1998 and issued a bill of sale on that date. Additionally, a Department of Motor Vehicles title history revealed that the prior owner still had title on April 28, 1998. On cross-examination, Lynch was asked if she had any felony convictions. She initially refused to answer until ordered to do so by the court. Lynch admitted that she had prior felony convictions for arson and DUI within the last ten years. Defendant Nerren has indicated that she is considering filing an appeal.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390