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September 24, 1999, alleging breach of contract, fraud,
conversion, defamation, and specific performance. This case was
docketed as Case No. 814944. The complaint states, in pertinent
part, as follows:
Plaintiff [petitioner], an individual, comes now and
alleges as follows:
* * * * * * *
First Cause of Action - Breach of Contract
On or about June, 1995 Plaintiff [petitioner] and Defendant
[Ms. Wold] entered into an agreement whereby Plaintiff
agreed to purchase a 1991 BMW 525I (the “Vehicle”) from the
Defendant by tendering to Defendant a down payment on the
Vehicle and by making sixty (60) monthly payments to
Defendant, and Defendant agreed to sell said Vehicle to the
Plaintiff by accepting said down payment and sixty (60)
monthly payments.
Pursuant to the agreement, Plaintiff was entitled to the
exclusive use, possession, control, and ownership of the
Vehicle subject only to Defendant’s security interest in the
Vehicle and a third party security interest in the Vehicle,
said security interests to be discharged by Defendant’s
payment of the sixty (60) monthly payments to the third
party.
* * * * * * *
As a proximate result of Defendant’s failure to perform in
accordance with the agreement, as herein alleged, Plaintiff
has suffered monetary damages in an amount to be proven at
trial.
Second Cause of Action - Fraud
* * * * * * *
On or about June, 1995, Plaintiff and Defendant entered into
an agreement wherein Defendant represented to Plaintiff that
upon payment by Plaintiff of all amounts to be paid to
Rockwell Federal Credit Union and Defendant under the
purchase agreement for the Vehicle between Defendant and
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