- 9 -
Plaintiff prays for damages in the sum of $18,000 and for
exemplary damages pursuant to Exemplary Damages Attachment,
page 9 of this Complaint, incorporated herein by this
reference.
Fifth Cause of Action - Possession of Personal Property
* * * * * * *
Cross-complainant [Ms. Wold] is, and at all times herein
mentioned, was, the owner and legal title holder, of a
certain 1991 BMW 525I automobile valued at approximately
$25,000.
Plaintiff [Ms. Wold] is entitled to the immediate and
exclusive possession of the personal property, automobile,
described above.
On, or about, 1995, cross-complainant deposited with cross-
defendant [petitioner] the personal property, automobile,
described above in consideration of an oral agreement that
cross defendant make all monthly payments required under the
purchase contract whereby cross-complainant purchased said
automobile; that cross-defendant maintain comprehensive
insurance on said automobile; that cross-defendant maintain
the vehicle in good working order; and pay the annual
registration fees and any other costs associated with the
operation and maintenance of the automobile until all
payments required under the purchase contract were made by
cross-defendant. Upon cross-defendants [sic] performance of
all the foregoing terms, cross-complainant would transfer
title of the automobile to cross-defendant.
Cross-defendant breached the agreement by failing to perform
all terms of the agreement as aforesaid, to wit, cross-
defendant has failed to make all payments required under the
agreement; has failed to pay registration fees for the
automobile, and has failed to maintain comprehensive
insurance on the automobile at all times.
On June 28, 2000, petitioner and Ms. Wold agreed to
mediation of their dispute. On December 15, 2000, petitioner and
Ms. Wold filed a Conditional Settlement Agreement and Stipulation
For Entry Of Judgment (settlement agreement) with respect to Case
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Last modified: May 25, 2011