Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BOKSA v. KEYSTONE CHEVROLET CO.

December 30, 1982

JOSEF BOKSA, ET AL., PLAINTIFFS,
v.
KEYSTONE CHEVROLET COMPANY, DEFENDANT.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Josef and Maria Boksa ("Boksas") and Vera Cortes ("Cortes") have sued Keystone Chevrolet Company ("Keystone"), alleging violations of the Truth in Lending Act, 15 U.S.C. § 1631 and 1638 ("TILA"). Both sides have moved for summary judgment, and Keystone has also moved for an award of attorneys' fees. For the reasons stated in this memorandum opinion and order:

1. Plaintiffs' motion is denied.

    2. Keystone's motion for summary judgment is
  granted, but its motion for attorneys' fees is
  denied.

Facts*fn1

On June 18, 1981 Boksas signed a Keystone customer order form (the "Order") and paid a $300 deposit toward the purchase of a $6,241.46 automobile. On June 22 Boksas and Cortes signed a "Retail Instalment Contract," financing the purchase price less the $300 deposit and a $1,700 C.O.D. payment.

Two provisions of the Order are relevant here. On its front side the Order stated immediately above the signature lines:*fn2

  I certify that I am eighteen (18) years of age or
  older and hereby acknowledge receipt of a copy of
  this order and I have read the printed matter on
  the back hereof

  of and agree to it as a part of this order, the
  same as if it were printed above my signature.
  If purchaser has requested dealer to arrange
  financing and purchaser has not been furnished a
  completely filled in disclosure statement, this
  Order is not binding on purchaser and purchaser
  may cancel it and recover the deposit. In the
  event of dealer arranged financing & where
  Purchaser has taken delivery of vehicle, on or
  before the end of the third working day from this
  date, Purchaser will return the vehicle to dealer
  at which time Purchaser will be advised, in
  accordance with the requirements of Regulation Z,
  of the terms of whatever financing dealer may
  have been able to arrange for Purchaser. At that
  time, Purchaser, at his option, will do one of
  the following:
    1. Accept whatever financing has been obtained
  by dealer; or

2. Pay in cash for the vehicle; or

    3. Cancel this order and pay to the seller a
  sum equal to its loss of value and any damage
  which may have been caused to the vehicle between
  the date hereof and the date of the return of the
  vehicle.

Order ¶ 5 (part of its Additional Terms and Conditions, referred to in the above quotation as "the printed matter on the back hereof") read:

  Unless this Order shall have been cancelled by
  Purchaser under and in accordance with the
  provisions of paragraph 2 or 3 above, Dealer
  shall have the right, upon failure or refusal of
  Purchaser to accept delivery of the motor vehicle
  ordered hereunder and to comply with the terms of
  this Order, to retain as liquidated damages any
  cash deposit made by Purchaser, and, in the event
  a used motor vehicle has been traded in as a part
  of the consideration for the motor vehicle
  ordered hereunder, to sell such used motor
  vehicle and reimburse himself out of the proceeds
  of such sale for the expenses ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.