From our private database of 22,300+ case briefs...
Pantoja-Cahue v. Ford Motor Credit Co.
Illinois Appellate Court
872 N.E.2d 1039 (2007)
Mario Pantoja-Cahue (plaintiff) purchased a Ford Explorer from the Webb Ford (Webb) dealership. Pantoja-Cahue spoke only Spanish, and he negotiated the sale with a Spanish-speaking sales associate at Webb. Ford Motor Credit Co. (Ford) (defendant) provided financing for the transaction. Pantoja-Cahue later found that he had leased the Ford Explorer rather than purchasing it. Pantoja-Cahue sued both Webb, the dealership, and Ford, the creditor, for fraud. However, because Pantoja-Cahue had defaulted on his payments, Ford also sued Pantoja-Cahue for replevin. Replevin is a suit to recover personal property wrongfully obtained by another. Ford’s repossession agents broke into Pantoja-Cahue’s garage and repossessed the Explorer. Eventually, Pantoja-Cahue settled his claims against the dealership, Webb. Webb agreed to repurchase the Explorer from Ford and give it back to Pantoja-Cahue. The trial court dismissed Pantoja-Cahue’s claims against the creditor, Ford, without prejudice, which means Pantoja-Cahue could still sue Ford again later. One year later, Pantoja-Cahue sued Ford and the repossession agent who confiscated his Explorer. Pantoja-Cahue alleged, among other things, that the repossession of his car during litigation over its title constituted a violation of §§ 2A-525(3) and 2A-108 of the Uniform Commercial Code (UCC). Ford filed a motion to dismiss. The trial court granted Ford’s motion and dismissed the case. Pantoja-Cahue appealed.
Rule of Law
Holding and Reasoning (Karnezis, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.