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Duke v. Garcia

United States District Court for the District of New Mexico
2014 WL 1318646 (2014)


Facts

Tiar Duke (plaintiff) defaulted on her car loan. The secured party hired Access Auto Recovery to repossess the car. Gustavo Soto, the owner of Access Auto, and his employee Jerome Baca (defendants) entered onto Duke’s property to repossess the car. Duke confronted Soto and Baca, and a verbal and physical altercation ensued. Duke repeatedly told Soto and Baca to leave her property and called 911. When the police arrived, they intervened and facilitated the repossession of the car. Duke sued Soto and Access Auto, alleging that Soto trespassed on her property. Duke also alleged Soto violated the state law governing repossession by remaining on the property and repossessing the car after a breach of the peace occurred.

Rule of Law

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Issue

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Holding and Reasoning (Baldock, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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