Kelvin Highsmith, Marcita Highsmith, and Joseph Villasenor v. Chrysler Credit Corporation

18 F.3d 434, 129 A.L.R. Fed. 767, 1994 U.S. App. LEXIS 4169, 1994 WL 68313
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 8, 1994
Docket93-1402
StatusPublished
Cited by99 cases

This text of 18 F.3d 434 (Kelvin Highsmith, Marcita Highsmith, and Joseph Villasenor v. Chrysler Credit Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelvin Highsmith, Marcita Highsmith, and Joseph Villasenor v. Chrysler Credit Corporation, 18 F.3d 434, 129 A.L.R. Fed. 767, 1994 U.S. App. LEXIS 4169, 1994 WL 68313 (7th Cir. 1994).

Opinion

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiffs in this case entered into consumer automobile leases with the defendant, Chrysler Credit Corporation (“Chrysler”). The leases specified that in the event of default or early termination the lessees would be liable for early termination charges calculated in accordance with the provisions in the leases. The plaintiffs filed suit against Chrysler alleging that the early termination charges were unenforceable under the federal Consumer Leasing Act, various state statutes, and state common law. They also claimed that the leases violated the disclosure requirements of the Consumer Leasing Act. The district court dismissed the claims and this appeal followed.

I.

This case involves two leases with nearly identical provisions. Kelvin and Marcita Hi-ghsmith are the lessees under the first lease and Joseph Villasenor is the lessee under the second. The factual background and current status of the two leases are rather different and merit separate discussion.

The Highsmiths entered into a four-year lease for a Plymouth Sundance on March 10, 1987. The lease contained a provision setting forth charges for early termination or default. Eighteen months later, on September 21, 1988, the Highsmiths filed a Chapter 13 bankruptcy petition naming Chrysler as a creditor. The bankruptcy court entered an agreed order rejecting the 1987 lease. It also modified the automatic stay so that Chrysler could repossess the car. On April 25,1989, after selling the car, Chrysler determined that because the Highsmiths had terminated the lease early, they were liable for an additional $5,400 under the early termination or default provisions of the lease. Chrysler filed a proof of claim in the bankruptcy court for this amount. Shortly thereafter, however, the bankruptcy court dismissed the Highsmiths’ petition for material default under 11 U.S.C. § 1307(c)(6) (1988).

Chrysler then filed a suit in state court to recover the $5,400 deficiency. After learning that the Highsmiths had refiled their Chapter 13 petition, Chrysler dismissed its state court action in order to comply with the automatic stay of 11 U.S.C. § 362 (1988). Chrysler never filed a proof of claim in this new bankruptcy proceeding. Rather, the Hi-ghsmiths themselves filed a claim on behalf of Chrysler, objected to that claim, then filed an adversary proceeding claiming that the Chrysler lease violated both federal and state law. The bankruptcy court determined this to be a noncore proceeding and the case then moved to the district court. Ultimately the Highsmiths filed an amended complaint adding Joseph Villasenor as a plaintiff.

Mr. Villasenor entered into a four-year lease with Chrysler on December 17, 1990 which required him to make 48 monthly payments of roughly $360. The other terms of the lease are nearly identical to the Hi-ghsmith lease. Villasenor has not yet terminated his lease, nor has he alleged that he wishes to terminate his lease. In the amended complaint he is seeking a declaration of the consequences of early termination.

*436 Under the amended complaint the Hi-ghsmiths allege the following: 1) the lease violates provisions of the federal Consumer Leasing Act (which incorporates portions of the Truth in Leasing Act) (Counts I, II, & III); 2) the early termination provisions of the lease are unenforceable penalties under Illinois common law (Count TV); and 3) the lease violates the Illinois Consumer Fraud Act and its Michigan counterpart (Count V). Upon motion by Chrysler, the district court dismissed Counts I, II, III, and V because the Highsmiths were time-barred. Having dismissed all federal claims, the court used its discretion to dismiss the remaining state law claim (Count IV) without prejudice. The Highsmiths challenge only the dismissal of their claim under the Illinois Consumer Fraud Act (Count V).

Mr. Villasenor makes the following similar allegations: 1) the early termination provision in his lease violates the Consumer Leasing Act under 15 U.S.C. § 1667b(b) (1988) (Count I); 2) the lease violates the disclosure requirements of the Consumer Leasing Act under 15 U.S.C. § 1667a (1988) (Count II); 3) the early termination provision is an unenforceable penalty under Illinois law (Count IV); and 4) the lease violates the Illinois Consumer Fraud Act and its Michigan counterpart (Count V). Chrysler moved to dismiss these counts as well. The court held that Villasenor lacked standing to raise Counts I and IV, and dismissed them accordingly. Next it held that Villasenor had failed to state a claim for disclosure violations under the Consumer Leasing Act (Count II) and dismissed that claim pursuant to Fed. R.Civ.P. 12(b)(6). Finally the district court dismissed Villasenor’s remaining state law claim because all of the federal claims were dismissed. Villasenor challenges the dismissal of Counts I, II, & IV.

II.

A. Villasenor’s Count IV

Validity of the Early Termination Charge under State law

The early termination clause in Mr. Villasenor’s lease provides that if the lessee terminates the lease prior to its scheduled expiration he will be liable for “liquidated damages” in an amount equal to:

1. The “total of the Total Unpaid Monthly Payments,”
plus
2. the “estimated end of term wholesale value,”
plus
3. excess mileage charges ($.08 for each mile in excess of 1250 miles per month),
plus
4. attorneys fees incurred by Chrysler in enforcing the lease,
minus
5. the net amount Chrysler receives from the sale of the car and any insurance payments that are not used to repair or replace the car.

Among other things, Villasenor objects to the provision calling for an immediate acceleration of all monthly payments due without any discount to present value (i.e. a reduction by the amount of the unearned finance charge). Specifically, Villasenor claims that such an early termination charge amounts to an unenforceable penalty under Illinois law. Although Villasenor has not yet terminated his lease and has not alleged that he intends to terminate it, he nevertheless seeks a “declaration as to the consequences of early termination and of his potential liability under the termination clause.” We conclude that Villasenor lacks standing to assert this claim.

Article III of the Constitution dictates that federal courts may only adjudicate actual “cases” or “controversies.” Allen v. Wright, 468 U.S. 737, 750, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984). 1

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18 F.3d 434, 129 A.L.R. Fed. 767, 1994 U.S. App. LEXIS 4169, 1994 WL 68313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelvin-highsmith-marcita-highsmith-and-joseph-villasenor-v-chrysler-ca7-1994.