Herrera v. Quijano

In this conversion action, plaintiffs allege that defendant wrongfully repossessed the pick-up truck that they were purchasing from him. Defendant appeals from the summary judgment entered against him. We affirm.

Plaintiffs and defendant entered into a hand-written contract for the sale of the pickup. Plaintiffs were to make installment payments monthly, and defendant was to retain title until the entire purchase price was paid. The contract provided that, in the event of default, defendant had the right to collect interest at the “prevalent” rate on overdue payments; it did not provide that…