Opinion
Case No. 03-2444-JWL
January 28, 2004
ORDER
Plaintiff General Motors Acceptance Corporation ("GMAC") brought this action to quiet title and obtain a declaratory judgment with respect to a certain 1999 Chevrolet Venture van with vehicle identification number 1 GNDX03EXXD121584 ("the van"). GMAC's complaint alleges that the original certificate of origin for the van was issued in the name of defendant HN Chevrolet-Buick Co. ("HN"), that defendant Molle Chevrolet, Inc. ("Molle") purchased the vehicle from HN, that GMAC purchased the vehicle from Molle, and that Molle, acting as agent for GMAC, leased the vehicle to defendant United States Department of the Army c/o Installation Morale Welfare Recreation Fund ("Installation Welfare"). At the end of the lease term, Installation Welfare returned the van to GMAC. Defendant Kansas Department of Revenue ("DOR"), however, has refused to issue GMAC title to the van. GMAC's complaint seeks to quiet title to the van and seeks a declaratory judgment directing DOR to issue title to the van naming GMAC as the rightful and sole owner. This matter is before the court on a variety of pending motions.
First, HN and Molle have filed disclaimers of their respective interests in the van, and they ask the court to dismiss GMAC's claims against them (Docs. 7 11). These motions are granted on the basis that both are ripe and unopposed. The court further notes that it appears GMAC's quiet title claims against these two defendants are now moot given their disclaimers.
Installation Welfare has already disclaimed its interest in the van and been dismissed from this case (Doc. 13).
DOR has also filed a disclaimer of its interest in the van and asks the court to dismiss GMAC's claims against it (Doc. 10). Although DOR's motion is ripe and unopposed, the court finds the motion to be without merit. In the motion, DOR seeks dismissal of GMAC's claim against DOR on the basis that DOR has disclaimed any interest in the van. GMAC's complaint, however, does not allege that DOR claims any interest in the van. Rather, DOR is named as a defendant because GMAC seeks a declaratory judgment ordering DOR to issue clean title naming GMAC as the rightful and sole owner of the van. Therefore, DOR's motion to dismiss is denied.
Lastly, GMAC has filed a motion for entry of judgment. Because this motion seeks pretrial judgment as a matter of law, the court construes it as a motion for summary judgment pursuant to Fed. R Civ. P. 56. The court will also grant this motion on the basis that it is ripe and unopposed. The court further observes that there does not appear to be any genuine issue of material fact regarding title to the van because all potentially interested parties have disclaimed their respective interests in the van.
IT IS THEREFORE ORDERED BY THE COURT that the motions to dismiss of defendants HN Chevrolet-Buick Co. and Molle Chevrolet, Inc. (Docs. 7 11) are granted. The motion to dismiss of defendant Kansas Department of Revenue (Doc. 10) is denied. The motion for judgment of plaintiff General Motors Acceptance Corporation (Doc. 14) is granted.
IT IS FURTHER ORDERED BY THE COURT that the clerk is directed to enter judgment declaring plaintiff General Motors Acceptance Corporation to be the rightful and sole owner of a 1999 Chevrolet Venture van with vehicle identification number 1GNDX03EXXD121584 ("the van") and further ordering the Kansas Department of Revenue to issue title to the van designating and naming General Motors Acceptance Corporation as the rightful and sole owner of the van.
IT IS SO ORDERED.