Facts

Plaintiff Donald Price and defendant Charles Swack, who wasn't originally named as a defendant, but later appeared as a defendant and cross-plaintiff, each acquired the same Rolls Royce from the same dealership in Florida. Swack bought the car first and left it with the dealership for repairs. The dealership owed money to plaintiff. After its checks bounced and it broke promises to plaintiff, the dealership gave plaintiff title to the Rolls Royce as security for the repayment of the debt.

Plaintiff was aware that the dealership attempted to sell the same car yet a third time, but he intervened to prevent the sale.

Swack, who had reported his car stolen, had the Fort Lauderdale Police Department act to have the car impounded.

Plaintiff then brought this lawsuit against the car itself, seeking to obtain title and possession of the car. When Swack learned of the lawsuit, he appeared and filed a cross-complaint, seeking title, possession and damages.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was an innocent purchaser and that, because he had possession of the Rolls Royce, he was the owner of it.

Plaintiff also contended that he offered the car to a broker and the broker offered it to a Van Nuys dealer.

An email the defendant alleged plaintiff had sent to the dealership, plaintiff claimed, was sent after the car was sold to plaintiff.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was not an innocent purchaser. Defendant claimed an email plaintiff sent to the dealership showed that he knew that the dealership had been dishonest by, among other things, lying to him and attempting to sell the subject Rolls Royce and another Rolls Royce more than one time. Because of plaintiff's knowledge, he was not an innocent purchaser.

Defendant also contended that when plaintiff did not receive any money from the dealership, he took the car and sold it to a dealer in Van Nuys.

Defendant further claimed that plaintiff offered to return the car if defendant paid $40,000.

Settlement Discussions

Defendant did not offer any money for the return of the car.

Damages

Swack sought recovery of the car and in excess of $500,000 in damages.

Result

A bench verdict for the defense. Swack recovered the vehicle, but didn't get damages.

Other Information

Defendant's Motion for Attorney Fees based on denied requests for admission is pending. FILING DATE: May 21, 2010.