Henderson v. Security National Bank

*768 Opinion

Defendant Security National Bank (the Bank) wished to repossess a Cadillac automobile which it had financed for plaintiff Willie C. Henderson under a contract on which he had defaulted. The Bank employed an independent contractor, a licensed “repossessor” (see Bus. & Prof. Code, §§ 7520, 7521, subd. (c), 7526.4), for that purpose. Following the car’s repossession and subsequent sale, Henderson commenced an action against the repossessor and the Bank, seeking compensatory and exemplary damages. Two causes of action were alleged; the first was for “conversion” and the second for “trespass.” Each was based upon Henderson’s contention (and later testimony) that in the repossession of his automobile the lock on his garage door had been broken. Such an entry by force, if made, was of course unlawful. (See Cal. U. Com. Code, § 9503; Pen. Code, §418.)

Prior to the trial Henderson compromised and settled his case against the professional repossessor and the action as to that defendant was discontinued.

Following testimony at the trial, which was by jury, the Bank moved for a judgment of nonsuit as to each of Henderson’s two causes of action. As pointed out, each of those…