Zhadan

Downtown Los Angeles Motor Distributors, Inc. (erroneously sued herein as Downtown L.A. Motors and hereinafter referred to as Motors) appeals a judgment in favor of plaintiff Zina Zhadan, entered pursuant to jury verdict, in this action to recover compensatory and punitive damages for the conversion of an automobile.

Facts

Plaintiff sought compensatory and punitive damages for the seizure and retention by Motors of her 1967 Mercedes Benz 230 SL automobile after she failed to pay a $1,952.52 repair bill for work which she claimed she never authorized. She alleged that the defendant in the repair work failed to comply with the provisions of Business and Professions Code section 9884.9 requiring a written estimate of charges and advance authorization; that some of the repairs were not necessary, were not done, or were done improperly; that defendant withheld the car from her for failure to pay; and that when she obtained possession defendant repossessed and converted the car. She claimed both actual damages and punitive damages based on defendant’s malicious and oppressive conduct.

At the first trial in this litigation the jury returned a verdict against defendant Motors…