Cenval Leasing Corp. v. Nunnery

577 So. 2d 1042, 1991 La. App. LEXIS 572, 1991 WL 41073
CourtLouisiana Court of Appeal
DecidedMarch 28, 1991
DocketNo. 90-CA-1294
StatusPublished
Cited by1 cases

This text of 577 So. 2d 1042 (Cenval Leasing Corp. v. Nunnery) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cenval Leasing Corp. v. Nunnery, 577 So. 2d 1042, 1991 La. App. LEXIS 572, 1991 WL 41073 (La. Ct. App. 1991).

Opinion

CIACCIO, Judge.

Plaintiff filed suit for damages under a lease contract with defendant. The trial court rendered judgment in favor of plaintiff and defendant now appeals. We affirm.

PACTS

On November 15, 1984, plaintiff, Cenval Leasing Corporation (“Cenval”) leased by written contract to defendant, Dr. Charles Nunnery a 1985 Datsun 300 ZX for a term of sixty months at a monthly rental of $429.68. This vehicle had been purchased for Nunnery by American Medi-Lease for over $21,000 and subsequently sold to Cen-val to confect this lease.

The contract of lease between the parties provided that the lessee had an option to purchase the vehicle at any time during the lease by paying certain fees and the balance due under the lease. The contract also provided that the lessee could terminate the lease, but would be responsible for a disposition charge of $250.00 and the difference between the Adjusted Lease Balance on the vehicle and the Realized Value of the vehicle when it is sold. According to the lease, the Realized Value would be determined by the highest of three cash bids received by the lessor, unless otherwise agreed by the parties within ten days from the termination of the lease.

Nunnery’s last monthly rental payment on this vehicle was received by Cenval on July 27, 1987. On August 4, 1987, Nunnery was unable to start the vehicle and had it towed to Diamond Datsun for repair. Diamond Datsun subsequently informed Nunnery that the control unit needed to be replaced, and Nunnery approved these repairs totalling approximately $870.00. Once the control unit was installed, Diamond Datsun determined the vehicle was in need of additional repairs amounting to over $3,000.00. Nunnery refused to consent to these additional repairs to the vehicle.

On August 15, 1987, Nunnery notified Cenval in writing of his intentions to terminate the lease contract. Cenval subsequently took possession of the vehicle in September, 1987 by remitting a check in the amount of $870.45 for the initial repairs on the vehicle. However, the vehicle was still not in running condition, and Cenval made arrangements pursuant to the lease agreement to have the vehicle sold. The vehicle was transported to Houston, Texas, the location of Cenval’s central office. Cenval then submitted the car “as is” for cash bids. After receiving three bids, Cen-val sold the vehicle for $4,500 which was the highest bid received. Testimony by the Cenval representative indicated that the car was in very poor condition and was not able to be operated at the time of the sale.

Following the sale of this vehicle Cenval instituted this suit against Nunnery for the remaining amount due pursuant to the lease agreement. Defendant answered this petition admitting that he had entered into this lease agreement, but denying all other allegations of the petition. Defendant further alleged that the damag.es claimed by plaintiff are erroneous and unreasonable.

By stipulation of the parties, this matter was tried before Commissioner John M. Holahan on April 18, 1989. On June 2, 1989, the commissioner filed a report in the district court recommending that Cenval’s suit for damages be dismissed. Cenval subsequently filed objections to this report, and on November 28, 1989 the trial court rendered judgment rejecting the Commissioner’s report and awarding Cenval the full amount claimed in its petition. It is from this judgment that defendant now appeals.

Assignment No. 1

Appellant first argues that the trial court erred in finding that the Louisiana Lease of Movables Act replaces the Deficiency Judgment Act with regard to the lease of movables. Nunnery contends that as he had an ownership interest conferred by his option to purchase the vehicle, the Deficiency Judgment Act applies, barring plaintiff from recovering additional damages since the vehicle was sold without the benefit of appraisal. We disagree.

[1044]*1044The Louisiana Lease of Movables Act, La.R.S. 9:3301 et seq. was enacted by Acts 1985, No. 592, and applies to all leases of movable property located in this state, whether the property is initially leased in Louisiana or subsequently moved into this State. La.R.S. 9:3303(A). Section 7 of the Act No. 592 provides that this statute is remedial in nature and shall apply to leases of movables in existence as of the effective date of the Act, July 13, 1985.

The lease of the vehicle by appellant in this case is clearly a lease of a movable as contemplated by this statute. The lease was executed in Louisiana and the vehicle was located in this state during the term of the lease. Although the lease was executed prior to the effective date of this statute, the Louisiana Lease of Movables Act nevertheless applies to this lease as the statute is remedial in nature.

The Louisiana Lease of Movables Act makes no requirement that the lessor obtain an appraisal of the leased property prior to the sale of the property on the lessee’s default on the lease. The appellant, however, contends, that an appraisal of the vehicle is required under the provisions of the Deficiency Judgment Act and that Cenval’s failure to obtain an appraisal precludes its recovery of any additional damages against the lessee. The Deficiency Judgment Act, La.R.S. 13:4106, provides in part:

Section 4106. Deficiency judgment prohibited if sale made without appraisement
If a mortgagee or other creditor takes advantage of a waiver of appraisement of his property, movable, immovable, or both, by a debtor, and the proceeds of the judicial sale thereof are insufficient to satisfy the debt for which the property was sold, the debt nevertheless shall stand fully satisfied and discharged insofar as it constitutes a personal obligation of the debtor. The mortgagee or other creditor shall not have a right thereafter to proceed against the debtor or any of his other property for such deficiency, except as provided in the next paragraph.
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Appellant contends that this Act applies to the contract of lease in this case as the terms of the lease conferred an option to purchase the vehicle on the lessor. As such, argues appellant, he has an ownership interest in this property which warrants the application of La.R.S. 13:4106 and its requirement for an appraisal prior to sale.

In support of his position, Nunnery cites Executive Car Leasing Company of New Orleans, Inc. v. Alodex Corporation, 279 So.2d 169, 172 (La.1973) wherein the court found that the Deficiency Judgment Act did not apply to a lease of a vehicle, and in so holding, stated:

The lease agreement in question confers no right of ownership onto the lessee. It is not, for instance, a lease-purchase agreement, by which the lessee obtains the absolute right to purchase or to receive title to the vehicle, so that the monthly rentals can also be regarded as payments on a purchase price. The leased vehicle remained at all times the property of the lessor, with the lessee having no right of ownership of it, or no-right to obtain ownership of it.
The Deficiency Judgment Act, La.R.S. 13:4106, 4107, thus does not apply. The Act is designed to protect against a creditor's non-judicial sale of a debtor’s property.

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Bluebook (online)
577 So. 2d 1042, 1991 La. App. LEXIS 572, 1991 WL 41073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cenval-leasing-corp-v-nunnery-lactapp-1991.