Lawrence v. INTERMOUNTAIN, INC.

2010 UT App 313, 243 P.3d 508, 668 Utah Adv. Rep. 17, 2010 Utah App. LEXIS 302, 2010 WL 4343178
CourtCourt of Appeals of Utah
DecidedNovember 4, 2010
Docket20080835-CA
StatusPublished
Cited by9 cases

This text of 2010 UT App 313 (Lawrence v. INTERMOUNTAIN, INC.) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence v. INTERMOUNTAIN, INC., 2010 UT App 313, 243 P.3d 508, 668 Utah Adv. Rep. 17, 2010 Utah App. LEXIS 302, 2010 WL 4343178 (Utah Ct. App. 2010).

Opinion

OPINION

DAVIS, Presiding Judge:

1 Victor and Cindy Lawrence appeal the trial court's judgment in favor of Intermoun- *511 tain Isuzu (Intermountain). They primarily argue that the trial court erroneously determined that they are liable for (1) conspiracy to defraud, (2) conversion, and (8) punitive damages. We affirm.

BACKGROUND 1

{2 In late 1999, A. Paul Schwenke, a business client of Mr. Lawrence, established cSave.net, LLC. Several months later, Schwenke decided to lease three vehicles for the personal use of his wife, his daughter, and the Lawrences. Mr. Lawrence helped Schwenke in this endeavor, contacting a car dealership in Bountiful to discuss leasing arrangements. But then Schwenke explored leasing possibilities with Intermountain, and the vehicles were ultimately leased from that dealership. Mr. Lawrence was present for some negotiations with Intermountain, and at one point he advised Schwenke to go to the Bountiful dealership if Intermountain would not meet the terms that the Bountiful dealership had offered. Mrs. Lawrence was also involved in the lease negotiations at some level, at least enough to know approximately how much the monthly lease payments on the vehicles would be.

{3 Although Schwenke apparently first contacted Intermountain on behalf of eSave. net, ecSave.net never had good credit or assets of any significance and the leases were ultimately not signed on behalf of eSave.net. Rather, Schwenke, his wife, his daughter, and Mrs. Lawrence offered $10,000 to Wayne Wong, who worked for eSave.net, to use his credit-worthiness and sign the leases. This arrangement was not, however, disclosed to Intermountain. With no intention of making the lease payments, Wong signed the contracts to lease three new Isuzu Rodeos on March 31, 2000. And to cover a cash down payment of $1,000 on each of the three leased vehicles, Mr. Lawrence wrote a personal check for $3,000, for which he was eventually reimbursed. At this point, the Lawrences took possession of one of the three leased vehicles-a black Isuzu Rodeo.

T4 Shortly after the leases were signed, Intermountain sold the lease for the black Rodeo to Bank of America and the leases for the other two Rodeos to Isuzu Motors Acceptance Corporation/Isuzu LT (Isuzu) Soon thereafter, on May 25, 2000, Plaintiffs-Schwenke's wife, Schwenke's daughter, Wong, and Mrs. Lawrence-filed their complaint against Defendants-Intermountain, Bank of America, and Isuzu-asserting various causes of action, including breach of contract. Plaintiffs' complaint sought to enjoin Defendants from enforcing the three lease agreements, that is, from "declar[ing] the leases in default and repossess[ing] the vehicles."

T5 After no payments were made on any of the three Rodeos for several months, and after Wong ignored several notices and demand letters, Intermountain was forced to repurchase the leases from Bank of America and Isuzu. After regaining ownership of the Rodeos, Intermountain attempted to repossess them. Intermountain tried to repossess the black Rodeo on January 31, 2001, while it was parked outside Mr. Lawrence's office. The owner of Intermountain, George Watkins, was present for the attempted repossession and showed Mr. Lawrence documentation evidencing Intermountain's right to the black Rodeo. But Mr. Lawrence refused to turn the black Rodeo over without a court order and then assaulted Watkins, putting him in a headlock and causing minor injuries. Immediately after the attempted repossession, Mr. Lawrence turned the black Rodeo over to Schwenke, knowing that the vehicle's lease was in default and knowing that Schwenke had no right to possess the vehicle. Schwenke then allowed a family member to drive the black Rodeo to California, ' where it was thereafter totaled in an accident.

*512 T6 In May 2001, Intermountain counterclaimed against Plaintiffs and initiated claims against Third-party Defendants-Schwenke, Mr. Lawrence, and eSave.net-pleading causes of action that included fraud, conspiracy to defraud, and conversion. Also in May 2001, Intermountain served interrogatories on Wong, the Schwenkes, and the Lawrences in an attempt to discover the location of the leased vehicles. Shortly thereafter, Mr. Lawrence entered an appearance as counsel, representing himself, his wife, Wong, and the Schwenkes. Mr. Lawrence then purposefully delayed the proceedings by attempting to remove the case to federal court despite the fact that removal would have been improper. 2 Thus, Intermountain did not obtain a Writ and Order of Replevin on the black Rodeo until October 5, 2001. And it was not until the trial court entered a contempt order and Plaintiffs were faced with jail time that they finally answered the interrogatories intended to reveal the location of the vehicle The completely totaled black Rodeo was eventually returned to Intermountain in 2002. 3

T7 Each of Plaintiffs' causes of action was eventually dismissed on motions for summary judgment, and the trial court characterized the lawsuit as "designed to impede Intermountain's efforts to recover the vehicle[s]." The trial court also determined that Mr. Lawrence had filed a similar lawsuit on behalf of himself, his wife, and the Schwenkes regarding a similar leasing deal with another automobile dealership, West Valley Dodge. In that case, (1) another entity owned by Schwenke arranged the leasing of three vehicles; (2) one of those vehicles was given to the Lawrences to use; (8) payments were not made on the leased vehicles; (4) shortly after the vehicles were leased, Mr. Lawrence filed a lawsuit against the degalership in an attempt to assert rights to continued possession of the vehicles; and (5) the vehicles were ultimately repossessed-less than one month before the Lawrences and the Schwenkes leased the vehicles at issue here from Intermountain.

[ 8 A bench trial on Intermountain's claims was held in June 2007. The trial court held Wong liable for fraud and held the Law-rences liable for conspiracy to defraud and conversion. The three were held jointly and severally Hable for $138,267.25, which included prejudgment interest. The trial court also determined that punitive damages were warranted against Wong and the Lawrences, and another bench trial was held in March 2008 to determine the amount of punitive damages. The resulting awards of punitive damages were $138,267.25 against Wong, $484,000.00 against Mr. Lawrence, and $99,999.99 against Mrs. Lawrence. The Lawrences now appeal.

ISSUES AND STANDARDS OF REVIEW

T9 The Lawrences initially argue that the trial court erred, as a matter of law, in determining that they were liable for conspiracy to commit fraud. We review this question of law for correctness, granting the trial court no deference. See State v. Pena, 869 P.2d 982, 936 (Utah 1994).

" 10 Second, the Lawrences argue that the trial court erred in holding them liable for conversion because Intermountain did not have rights to the vehicle prior to January 31, 2001, and they "relinquished possession" on that date. Whether the facts establish the elements of conversion is a question of law, see Nielsen v.

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Bluebook (online)
2010 UT App 313, 243 P.3d 508, 668 Utah Adv. Rep. 17, 2010 Utah App. LEXIS 302, 2010 WL 4343178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-intermountain-inc-utahctapp-2010.