Case Name:Ancona v Cresco Capital
Case Number:LACV120707
Date of Trial:09/02/2021
Venue:
Pottawattamie County
Casetype/Claims:Contract- Commercial, Wrongful repossession

Judge:Greg W. Steenslund

Plaintiff's Counsel:Mark J. RaterDefendant's Counsel:John Edward Whitworth

Verdict:For Plaintiff - $250,000

Demand Before Trial:
Offer Before Trial:

Statement of Case:
In this case plaintiff, Joseph Ancona, hereafter “Ancona,” entered into a contract with defendant Cresco Capital, Inc. hereafter “Cresco,” to lease a Commercial Truck to haul freight, hereafter “Truck” from the defendant, Cresco. Cresco provided the Truck and Ancona agreed to make the monthly payments as set forth in the lease contract. Ancona believes he properly made all required payments under the lease. Cresco repossessed its Truck from Ancona when it believed he did not timely make a payment under the lease. Ancona believes Cresco breached the contract by wrongfully repossessing the Truck from him in contravention of the terms of the contract. Ancona believes he is entitled to damages for the breach of contract by Cresco.

Statement of Case Defendant:
In this case Plaintiff, Joseph Ancona (“Ancona”), claims that Defendant, Cresco Capital Inc., (“Cresco”),
breached a contract regarding a commercial lease for a 2017 International Prostar (the “Truck”) when it
repossessed the Truck from Ancona. Ancona claims that Cresco was the cause of his damages.
Cresco claims Ancona was in default at the time of the repossession and that Cresco was entitled to
repossess the vehicle pursuant to the terms of the lease. Cresco denies it breached a contract, and denies Ancona was damaged.

Cresco has asserted a counterclaim against Ancona for damages, which Cresco asserts is the unpaid lease balance of the commercial lease contract.

Injuries alleged:

Official Jury Verdict Form:
Ancona v Cresco Capital verdict form.pdfAncona v Cresco Capital verdict form.pdf

Documents of interest:
(when available)
Ancona v Cresco Capital order denying motion for new trial or remittitur.pdfAncona v Cresco Capital order denying motion for new trial or remittitur.pdf

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