Theresa Sloan v. Peter Porrello (2011)

MEMORANDUM OF DECISION

This civil matter came to this court by writ, summons and complaint dated May 6, 2009 alleging various claims relating to the sale of two vehicles, furniture and the refinancing of defendant's mortgage on his house.   The plaintiff claimed to be owed money due to the defendant's conduct on the basis of breach of contract, unjust enrichment and civil theft.   The defendant's answer, while incomplete, was taken as being in the nature of a general denial.

After various pleadings, both parties appeared pro se.   The case was duly assigned for trial in this court on September 8, 2011.   The plaintiff appeared but the defendant did not.   After inquiry to determine if the clerk's office had heard from the defendant as to his intentions, a default was entered against the defendant for his failure to appear for trial and the court proceeded with a hearing in damages.

The plaintiff herself, who traveled from Arizona, was the only witness.   Several exhibits were introduced.

From the evidence and the reasonable and logical inferences from the same the following facts are found.

The plaintiff made four claims without reference to the separate counts of the complaint.

First she claimed to be entitled to the value of a blue 2003 Ford Cobra Shelby.   This vehicle was taken by the defendant on February 22, 2009 (Exhibit 1) and sold by the defendant after he had transferred title into his name from the plaintiff's name.   Exhibits 2, 3. The value of the vehicle was what the evidence indicated the plaintiff paid for it on June 28, 2007, i.e. $26,300.   Exhibit 6.

Second, the plaintiff claims she is entitled to one-half the proceeds of sale of a 1994 Dodge Viper automobile which she sold to John R. Hall for $25,000 in November 2008.   Exhibit 5. The plaintiff transferred $6,000 of the proceeds to her son and gave the remaining $19,000 to the defendant which he agreed to deposit in their joint account.   Instead, the defendant deposited those funds in such a way that the plaintiff never received her share which was $6,500.

Third, the plaintiff makes claims relating to furniture.   The evidence shows that plaintiff bought furniture at Bob's Discount furniture on October 1, 2007 for $2,500.   Exhibit 7. The furniture was stored in a trailer on the premises of the defendant when the plaintiff left for Arizona.   The defendant sold the furniture.   There is no evidence as to the value of the furniture at the time of sale or the proceeds received by the defendant, if any, at the time of sale.

Fourth, the plaintiff makes a claim relating to her co-signing of a note in connection with the defendant's refinancing of his house.   The evidence offered by the plaintiff was that she is no longer obligated on that note because the defendant has again refinanced his house taking her name off the note.   The evidence offered by the plaintiff (Exhibit 8), however, does not support her claim for $17,752.41.   Instead it is a statement from the credit union which shows that amount as having been paid in interest during the year 2008.

Plaintiff made no allegation and submitted no evidence as to defendant's specific intent which is a requirement for a claimed violation of Section 52–564 of the General Statutes.

The plaintiff has not sustained the burden of proof required for the third and fourth claims.

Based on the above analysis of the evidence, and on the basis of both the breach of contract and unjust enrichment allegations, Judgment will enter for the plaintiff to recover of the defendant the sum of $26,300 for the value of the Cobra and $6,500 for the share of the Dodge Viper for a total judgment for the plaintiff in the amount of $32,800 plus allowable costs.

Robert C. Leuba, JTR

Leuba, Robert C., J.T.R.