Complaint Review: Dealer Services Corporation - Internet
- Dealer Services Corporation www.discoverdsc.com Internet United States of America
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- Category: Auto Dealers
Dealer Services Corporation Conversion Conned Tricked Repossession, Internet
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DEALER SERVICES CORPORATION CONVERSION VERDICT UPHELD BY APPELLATE COURT (Fariba v. Dealer Services Corporation (2009) Cal.App.4th D053162)
Court of Appeals rules DSC argument absurd. DSC asserts that as a matter of law it held a perfected security interest in the vehicles that had priority over Fariba's because it filed a UCC-1 financing statement and Fariba did not. This contention is unavailing.
"It would be absurd to hold a creditor responsible for imputed knowledge but not hold the same creditor responsible for actual knowledge. There is no merit to DSC's contention that Fariba could only have priority if it had filed a UCC financing statement prior to DSC. A consignor has priority over creditors' claims against a consignee if (1) the consignor has filed a UCC financing statement or (2) the creditors have knowledge a substantial amount of the consignee's business is in selling consigned goods.
DSC had actual knowledge that CASL was substantially engaged in selling vehicles that belonged to others. "[I]f a creditor knows that goods in a debtor's place of business are on consignment, the creditor is not misled by the presence of the consigned goods and its lien should not extend to them." (Matter of High-Line Aviation, Inc, supra, 149 B.R. at p. 737.)
Moreover, based upon DSC manager Colli's inventory audits, a jury could infer DSC had actual knowledge not only of CASL's business model, but also its arrangement with Fariba.
According to Fariba, he also spoke with John Wick, DSC's corporate counsel, who told him DSC "conned" and "tricked" Fariba in order to get the vehicles from him.
The court entered judgment in Fariba's favor, awarding possession of the vehicles and $32,500 in damages. DSC appealed and lost.
This report was posted on Ripoff Report on 10/08/2009 01:48 PM and is a permanent record located here: https://www.ripoffreport.com/reports/dealer-services-corporation/internet/dealer-services-corporation-conversion-conned-tricked-repossession-internet-506406. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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