Herrera v. Quijano

Plaintiffs and defendant entered into a written agreement whereby defendant sold his pick-up truck to plaintiffs. Plaintiffs were to make instalment payments, and defendant was to retain title until the balance was paid. Plaintiffs failed to make a number of payments, and defendant “repossessed” the vehicle. Plaintiffs then filed this action for conversion. After defendant filed his answer, plaintiffs moved for judgment on the pleadings on liability. ORCP 2IB. The trial court granted the motion and, after a non-jury trial on the issue of damages, entered judgment.1

In his answer, defendant…