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Superior Court
In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.
Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM on June 14, 2013. The people who were in the court room include: the judge (Mark Aceto), the lawyer for the plaintiff (John Ragsdale), the plaintiff (Joseph Moray), the representatives for Toyota Financial Services (Phil Navarro) and council for the defendant (Emily Cates). Moreover, the witnesses were present for the plaintiff / defendant, the bailiff and the court reporter. (Moray vs. Toyota Financial Services, personal communication, June 14, 2013)
Facts: The facts of the case are based upon a complaint made by Joseph Moray. He claims that Toyota Financial Services deceived him by not fully disclosing to him all of the pertinent information surrounding a 2010 Toyota Camry that was purchased at a local dealership. When he agreed to the contract, he stated that it was his responsibility to make all of the payments on time and to ensure that the vehicle has full coverage. This is designed to make certain that the lender is protected from significant losses in the event that the vehicle is stolen or damaged (while he is paying off of the loan). (Moray vs. Toyota Financial Services, personal communication, June 14, 2013)
After a year, he was unemployed and decided...
California). He continued to maintain his residency in the Arizona. However, he would use the car to drive back and forth to Los Angeles. After a recent trip in 2011, is when he was served with a notice that he was in default of the terms and conditions of the loan. This is because he failed to notify the lender that he changed his occupation and was in the process of relocating. To make matters worse, he had fallen behind on his payments. According to Moray, he had contacted the company about the possibility of working out a plan to catch up on the past due balances and informed them of his pending relocation. He claimed that representatives from the company approved everything and wanted to work with him on these matters. (Moray vs. Toyota Financial Services, personal communication, June 14, 2013)
However, a week later the company reposed the car and informed him that he was in default of his loan. This angered Moray, who was in the process of working out an arrangement to settle all past due balances. He felt that he had been deceived by Toyota, as they did not inform him of a potential repossession that was about to occur or the fact that he was in default. (Moray vs. Toyota Financial Services, personal communication, June 14, 2013)
Toyota Financial Services, claims they let Mr. Moray know that he was evading his payments and breaking the terms / conditions of the agreement. The company sent him numerous letters and stated that he must immediately catch up on the past due balances. At the same time, they instructed him to turn the car over to him for violating the basic provisions of the contract. These contrasting views of events; are the primary issues the court is being asked to decide based upon the law and how they are applied. (Moray vs. Toyota Financial Services, personal communication, June 14, 2013)
Issues: The key problems the court is being asked to resolve are:
Did Toyota Financial Services break their agreement with the plaintiff by not providing him with a grace period to catch up on…
References
Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV080635.pdf
Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from: http://www.ehow.com/list_6301306_vehicle-repossession-laws-arizona.html
APA Format. http://owl.english.purdue.edu/owl/resource/560/11/
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