A Cahokia car dealership’s motion for summary judgment alleging a customer breached the purchase agreement remains pending in the fraud suit after the plaintiff was granted additional time to respond due to “irreconcilable differences” with his attorney.
Attorney David Duree of David M. Duree & Associates PC in O’Fallon filed a motion to withdraw as attorney for plaintiff John Rose on Nov. 5.
He wrote that in ongoing discussions about preparing a response to the defendants’ motion for summary judgment, the plaintiff terminated his services on Nov. 5, 2020, by stating “You are fired.”
He added that “irreconcilable differences had arison” between the plaintiff and himself.
While his motion to withdraw was pending, he requested additional time for Rose to respond to the defendants’ motion for summary judgment.
Duree wrote that communications with Rose have “broken down,” and requested an extension to Jan. 2 for Rose to respond.
St. Clair County Circuit Judge William Stiehl granted his request on Nov. 25, giving Rose until Jan. 25 to respond to the motion for summary judgment.
Stiehl also granted Duree’s request to withdraw as Rose’s attorney.
Then on Jan. 25, Rose filed a motion stating that he is representing himself pro se.
“I am representing myself, possessing a financial/hardship because I can’t afford an attorney at this time,” the document states.
Defendants Cahokia Motors and Dennis Fults filed their motion for summary judgment on Sept. 17 through attorney Dennis Watkins of Belleville. The defendants claim that pursuant to the sale of the vehicle, plaintiff John Rose was required to maintain full coverage insurance on the vehicle, naming Cahokia Motors as lienholder.
The defendants argue that Erie Insurance notified them that the automobile insurance for the vehicle would expire on April 15, 2019, for lack of payment.
In response, Cahokia Motors “peacefully repossessed” the vehicle for failure to maintain full coverage automobile insurance on June 15, 2019.
On Oct. 13, Duree filed a motion to strike the defendants’ motion for summary judgment on behalf of Rose. He wrote that the court gave the defendants a Sept. 15 deadline to file the motion for summary judgment. However, he says he wasn’t mailed a copy of the motion until Sept. 17, which is two days late.
Rose filed his complaint Nov. 12, 2019.He alleges the defendants violated the Illinois Consumer Fraud Act.
According to his complaint, Rose claims he “is a person of modest means and limited education, living paycheck to paycheck.” He allegedly purchased a 2008 Pontiac Torrent from the defendants on Dec. 22, 2018, for $5,495. He alleges he also paid a $20 documentary fee, $345 in sales tax, and a $196 registration fee, totaling $6,056.
Rose claims he was required to have a cash down payment of $2,000. He allegedly signed a sales agreement requiring him to pay the remaining $4,056 in payments of $200 per month over a 21 month period.
However, the plaintiff alleges the contract also included a finance charge and payment of $553 on Jan. 5, 2019.
“Defendant Cahokia Motors Inc. also required plaintiff to sign a document authorizing Cahokia Motors Inc. to take the automobile without a court order if plaintiff should fail to make any payment or any part of any payment due on the loan”
Rose claims that it was his understanding that he was to pay the $2,000 down payment and then $200 per month beginning Feb. 5, 2019. By early June, he had paid more than $1,000 of those monthly payments. He claims he was not aware of the additional $533 fee, so he did not pay it.
“Cahokia Motors deliberately schedules a large, one-time payment shortly after the initial down payment (the second down payment) for the purpose of then repossessing the automobile and either retaining possession, and the initial down payment and initial monthly payments, or charging the customer a large fee for the repossession,” the suit states.
“Cahokia Motors, Inc. has a huge number of repossessions each year and, on numerous occasions, the automobiles are returned to the customers after they pay an exorbitant repossession fee,” it continues.
Rose accuses the defendants of using deception, fraud, false promises, and suppression of facts.
Rose seeks the $3,155 he paid to Cahokia Motors. He also seeks more than $20,000 for the loss of the vehicle at $200 per week, as well as $500,000 in punitive damages and $25,000 in attorney fees.
The defendants answered the complaint on Jan. 2, 2020, denying liability. Cahokia Motors denied that the plaintiff is entitled to recover compensation from them “for any injuries or damages which the plaintiff may have sustained in consequence of any of the matters and things alleged in said complaint.”
St. Clair County Circuit Court case number 19-L-794