In Re Marriage of Cobb

Defendant Security National Bank (the Bank) wished to repossess a Cadillac automobile which it had financed for plaintiff Willie C. Henderson under a contract on which he had defaulted. The Bank employed an independent contractor, a licensed "repossessor" (see Bus. & Prof. Code, §§ 7520, 7521, subd. (c), 7526.4), for that purpose. Following the cars repossession and subsequent sale, Henderson commenced an action against the repossessor and the Bank, seeking compensatory and exemplary damages. Two causes of action were alleged; the first was for "conversion" and the second for "trespass." Each was based upon Hendersons contention (and later testimony) that in the repossession of his automobile the lock on his garage door had been broken. Such an entry by force, if made, was of course unlawful. (See Cal. U. Com. Code, § 9503; Pen. Code, § 418.)