Auto Liquidation Center, Inc., and Majid Zojaji (a/k/a Mike Zojaji), individually v. Jorge Chiqui Chaca
2015 Ind. App. LEXIS 744
| Ind. Ct. App. | 2015Background
- Auto Liquidation Center (ALC), owned by Majid “Mike” Zojaji, financed Jorge Chiqui Chaca’s purchase of a 2008 Dodge Charger for $14,500 with GPS installed as a condition of financing.
- Jorge paid intermittently; ALC entered payments in a computer and kept a handwritten ledger as a backup.
- ALC repossessed the car on March 13, 2012 after a mistaken belief Jorge missed a payment, despite receipts showing current payments.
- The GPS later caused damage to the car and was disconnected by a mechanic with Jorge’s consent to repair; ALC still refused to return the car.
- Jorge sued for criminal conversion, assault, and damages; a jury awarded damages for conversion and treble damages under Indiana law, with a final judgment of $121,069.66 including interest and fees.
- On appeal, ALC and Zojaji challenge sufficiency of evidence, argue damages were excessive, and pursue appellate attorney’s fees request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for criminal conversion | Jorge proved intentional, unauthorized control | Initial seizure based on mistaken payment, not unauthorized control | Evidence supports intent to exert unauthorized control |
| Damages award reasonableness | Treble damages based on value of car plus personal property | Damages excessive or unsupported | Damages within evidence-supported range and not clearly improper |
| Appellate attorney’s fees | Fees recoverable under § 34-24-3-1, including appellate fees | Fees should be limited | Appellate fees affirmed as appropriate to prevailing party |
Key Cases Cited
- Palmer Dodge v. Long, 791 N.E.2d 788 (Ind. Ct. App. 2003) (sufficient evidence to support conversion finding when seller retains car)
- Indian Trucking v. Harber, 752 N.E.2d 168 (Ind. Ct. App. 2001) (standard for sufficiency of evidence in conversion claims)
- Larson v. Karagan, 979 N.E.2d 655 (Ind. Ct. App. 2012) (criminal intent proven by preponderance of the evidence in conversion)
- French-Tex Cleaners, Inc. v. Cafaro Co., 893 N.E.2d 1156 (Ind. Ct. App. 2008) (distinguishes bona fide contract disputes from conversion)
- Ritter v. Stanton, 745 N.E.2d 828 (Ind. Ct. App. 2001) (damages review standard—no reversal absent passion or improper considerations)
- Benge v. Miller, 855 N.E.2d 716 (Ind. Ct. App. 2006) (appellate fees when successful on appeal)