LaCHAPELLE

Lachapelle v. Toyota Motor Credit Corporation

Good Law
102 Cal. App. 4th 977·126 Cal. Rptr. 2d 32·2002 Cal. App. LEXIS 4778·2002 D.A.R. 11·2002 Daily Journal DAR 11817
Court of Appeal of CaliforniaOctober 7, 2002A093355, A095611California6,277 words

Opinion

Opinion

Stein, J.

These consolidated appeals arise from a five-year lease of a Toyota 4-Runner (the Toyota) by plaintiff and appellant Katrina R. LaChapelle from FAA Concord T, Incorporated (the dealer). The lease agreement recites, among other things, that the “agreed-upon value” of the Toyota was $31,938, the gross capitalized cost would be $32,653 and the residual value at the end of the lease would be $15,524.18. Appellant agreed to pay $1,207.94 at the time of the lease signing or delivery and to make 60 additional monthly payments of $530.94. At the end of the lease term she was to have the option of purchasing the Toyota for $15,524.18 (defined as its residual value). The agreement further recites that appellant was trading in a 1997 Honda Civic (the Honda). Blanks for the agreed-upon trade-in value of the Honda, and for the trade-in value that would be applied against the gross capitalized cost of the Toyota, however, were marked “N/A.”

By her complaint, appellant alleged that she leased the Toyota only after the dealer told her that she could not qualify for a purchase loan, and the only means by which she could acquire the Toyota was by leasing it. The dealer allegedly concealed…

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