Haggerty

BACKGROUND

25 On July 10, 2020, Plaintiff signed a contract to purchase a 2014 Toyota Avalon 26 from Defendant for $18,065.26. Under the terms of the contract, Plaintiff was to pay a 27 $4,000 deposit (of which only $3,000 was paid) and would take possession of the car 28 while Defendant attempted to assign the contract to a financing company. If the contract could not be assigned, Defendant had the right to cancel it and Plaintiff would be required to immediately return the car and would be liable for the costs of recovery if he did not. When no finance company would accept assignment of the contract, Defendant notified Plaintiff that it was exercising its right to cancel the contract and the car should be returned. Instead of returning the car, Plaintiff sent a letter that asserted debt-related legal theories. After several weeks of letter and phone calls, Plaintiff had still not returned the car or addressed the cancelation of the contract. Defendant hired a towing service to recover the car. Plaintiff filed a complaint asserting that he had a right to keep the vehicle and asserting causes of action for fraudulent misrepresentation;…