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Judge orders return of truck seized by auto shop
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Posted on May 13 2009
Superior Court Associate Judge David A. Wiseman has ordered an auto repair shop to return a pickup truck it repaired and then seized from its owner.
Wiseman ruled that Primo Jebehn shall retain possession of a 1990 Toyota Hilux pickup truck until a final court judgment is entered in the case.
Wiseman ordered Success Auto Repair Shop, Miao Guojun, and Motion Automotive Repair Center to transfer to the levying officer possession of any documents in their possession of title to the pickup truck.
Jebehn has sworn upon oath that he is the owner of the truck and that he had never granted anyone a security interest in the vehicle.
The plaintiff also informed the court that defendants removed and seized the truck without his permission and that they did not return it despite his demands.
Wiseman found special circumstances warranting issuance of writ of attachment as there is a danger that the truck would be concealed or substantially impaired in value or be sold.
Jebehn, through counsel Lillian A. Tenorio, sued the defendants to recover the truck.
According to the complaint, Jebehn visited Success Auto Repair Shop in 2005 and asked its owner, Miao Guojun, to repair his truck.
Miao claimed charges for repairs to the truck in the amount of $3,800. Miao was paid in full of the charges.
Tenorio stated that on June 3, 2008, without notice to Jebehn, defendants towed the truck from the I-Teck parking lot in Gualo Rai.
Tenorio said Miao directed the tow truck operator employed by Motion Automotive Repair Center to take the vehicle while it was parked at Jebehn’s place of business.
Miao refused to release the truck, prompting the plaintiff to file a theft complaint with the Department of Public Safety.
To add insult to injury, Tenorio said, Miao has demanded towing charges and storage fees for his unlawful seizure of the truck and has threatened to sell the vehicle unless charges are paid in full.
