7ermontSuperiorCourtFiled07/24/24OrleansUnit

## VERMONTSUPERIOR

## COURTOrleans

### Unit247MainStreet

### Newport

## VT05855802-334-3305www.vermontjudiciary.org

## CIVILDIVISIONCase

### No.23-CV-02890

### ErinToupinv.JamesRoyer

# ENTRYORDERPlaintiffErinToupinhastried

### multipletimestoputtogether

### complaintagainstJJames

### Royerconcerningthe2021purchase

### of2016

### DodgeCaravanfrom

### Mr.

### Royer,whichwasfinancedthrough

### Lentegrity,California-basedautofinancecompanythatisnotpartytothepresent

### litigation.

### Themostrecent

### EntryOrderfromthe

### Court,issuedon

### April4,

### 2024,attemptedtosummarizethefactual

### claimsand

### allegationsfrom

### Ms.

### Toupin'sprior

### filings.

### Bythe

### Court'sallowance,

### Ms.

### Toupinhasmore

### recently

### re-filedtwo

### lengthysummariesintheform

### ofe-mailstothe

### Courtinaneffortto

### clarifyher

### claimsandaddresstheissuesthatthe

### Courtraisedinthe

### April4111

### EntryOrder.

### Unfortunately,

### Ms.

### Toupin'smostrecent

### filingsdonot

### clarifytheissuesor

### offeranyfurther

### insightregardingherclaims.

### Theprimaryproblemisthatthereare

### multiplefactsthat

### Ms.Toupinhas

### alleged,

### whichseemtogoin

### verydifferentdirections.

### Forexample,

### Ms.

### Toupinhasrepeatedseveraltimesthatherfriend,

### CarolDerosiertraded-inher2016

### Nissan

### Rogueto

### Mr.

### Royeratthesametimethat

### Ms.

### Toupinwas

### tryingtopurchaseher

### minivan.Itisnotclear

### whyMs.

### Derosier'strade-inisrelevanttothepresent

### claim

### giventhat

### Ms.

### Derosierisnotparty,andhertransactionwasnotpart

### ofMs.

### Toupin'spurchase.

### Similarly,Ms.

### Toupincitestothefactthatsheattemptedtouseher2018

### JeepRenegadeas

### collateralforthe

### Grand

### Caravan,butthis

### couldnothappenbecauseanotherpersonwaslistedas

### coowneranddidnotconsentto

### usingthe

### Jeepascollateral.

### Asresult,the

### Jeepwasnevertraded-in,andas

### Ms.

### Toupinreportedtothe

### Courton

### June20,

### 2024,thereisno

### activelienonthe

### Jeep-despiteherpromisetoputitforwardascollateral.

### Whilethisraisesadditionalquestions,itdoesnot

### explainwhat

### claimsshe

### mighthaveagainst

### Royersincethefailure

### ofthelienontheJJeepappearstohavebeenasresult

### ofhermisrepresentationsand

### was

### ultimatelyresolvedinherfavor.

### Lookingatthe

### filings,Ms.

### Toupin'sclaimsappearto

### involveherpurchase

### of2016

### Grand

### Caravanminivanin2021.

### Theoriginalsale

### envisionedtrade-in

### ofMs.

### Toupin's2018

### JeepOrdetPageof23-CV-02890ErinToupinv.JamesRoyerOrder Page 2 of 4

23-CV-02890 Erin Toupin v. James Royer 

### Renegade and monthly payments of approximately $335 toward $13,000 sales price. While there

appears to be some discrepancies in what price she paid and in what price was reported to the State of

Vermont, Ms. Toupin does not allege that she was charged more than she agreed to pay or that the

resulting difference caused her any particular harm.

As noted, the Jeep was never included in the sale, which nevertheless went through and ended

with Ms. Toupin borrowing the purchase price from Lentegrity in September 2021 and taking

possession of the minivan at that time.

Ms. Toupin states that she still owns and has possession of the minivan. She has also stated

that she has stopped making payments to Lentegrity. She claims that after taking possession of the

minivan, it began having mechanical issues. The problem is that these mechanical issues, from Ms.

Toupin’s own statements, began in June 2022. This was nearly nine months after Ms. Toupin’s

purchase of the car. At that time, Ms. Toupin claims that she became aware of an oil leak and a

transmission leak. It is unclear from Ms. Toupin’s statements whether these leaks rendered the

minivan worthless or simply lowered the value. It is also unclear what the nature and extent of these

issues are. It is also unclear whether they existed in September 2021 when Ms. Toupin purchased the

minivan from Royer. It is also unclear what role Mr. Royer is alleged to have had in either causing,

hiding, or failing to disclose these issues.

Ms. Toupin alleges there are other mechanical issues with the minivan, and she has stated that

she cannot drive it, but there is no allegation that either Royer caused or knew about these issues at the

time of the sale, or that he offered any guarantees on the condition of the car either in writing or orally.

Ms. Toupin wants $10,000 from Mr. Royer, but there is no explanation for why she wants this

amount, and it appears to be contradicted by another statement that Ms. Toupin makes claiming that

she has only paid $5,513.84 for the car.

Ms. Toupin uses the word fraud extensively throughout her filings, but the Court has found no

evidence, or even any specific allegations, that would support a claim of fraud. It has not been alleged

that Mr. Royer knew or should have known about the car’s defects, and it is unclear what the true

value of the car is. 1 

### Ms. Toupin still owns and controls the minivan, and she has stopped making

1 Ms. Toupin states in her most recent filing that in February of 2023 “James Royer Auto Sale never put the vehicle on a

lift. Knew all the problems.” It is not clear if this is an allegation about Royer’s knowledge before the September 2021

sale, or how Royer would know about the defects if he “never put the vehicle on a lift.” It is not clear if this information

came from the person in in the proceeding sentence who is identified as “the guy at the garage next door” or isOrder Page 3 of 4

23-CV-02890 Erin Toupin v. James Royer 

### payments to Lentegrity. It is not clear what she has paid, whether her payments exceed the value of

what she has, and what the condition of the minivan is or was at the time of purchase.

The Court has provided Ms. Toupin with multiple opportunities to draft a complaint in this

matter that complies with Rule 8(a) of the Vermont Rules of Civil Procedure. To date, the Court

remains unclear what the nature of Ms. Toupin’s claims and allegations are against Mr. Royer. While

the Court must be flexible with the application of the Rules of Civil Procedure when dealing with selfrepresented litigants, it cannot suspend the rules entirely, and they must, ultimately, be applied. Zorn

v. Smith , 2011 VT 10, ¶ 22.

Rule 8 of the Vermont Rules of Civil Procedure require that the plaintiff in a case provide: “a

short and plain statement of the claim showing that the pleader is entitled to relief, and . . . a demand

for judgment for the relief that the pleader seeks.” V.R.C.P. 8(a).

While Ms. Toupin strongly believes that she was treated wrongly by Mr. Royer, she has not

stated a specific claim against Mr. Royer that would put him on notice of what he is alleged to have

done wrong and why she is entitled to the damages that she seeks.

The Court has given Ms. Toupin multiple chances to draft a coherent complaint and has sought

in multiple hearings to see if she can articulate a claims and basis for the damages that she seeks. Each

of these efforts has, unfortunately, been unsuccessful.

There must be finality to Court process. For the past year, Ms. Toupin has sought to make a

claim against Mr. Royer and has not been able to do so. The Court has given her repeated chances, but

now the time is over, and the Court rules as follows.

ORDER

Based on the lack of compliance with V.R.C.P. 8, and the failure to make a claim and prayer

for relief that follows even the basic format of pleading in Vermont, the Court dismisses the present

attributable to Jason Sanville who worked on the vehicle after the sale and is mentioned in the sentences following the

quoted allegation. It is also possible that this allegation is Ms. Toupin’s own statement. Regardless of the source, there is

nothing that ties this statement to a particular source or anchored to a particular moment in the history of this

transaction. The statement sits alone as a bald conclusory assertion, which the Court need not accept. Bock v. Gold , 2008

VT 81, ¶ 15 (“By refusing to accept ‘bald assertions, unsupportable conclusions, and opprobrious epithets,’ the Court is

not applying a heightened pleading standard; it is merely adhering to the notice pleading requirements set forth in Rule

8(a).”) (Skoglund, J. concurring).Order Page 4 of 4

23-CV-02890 Erin Toupin v. James Royer 

### matter under V.R.C.P. 12(b)(6) for failure to state a claim. Colby v. Umbrella, Inc. , 2008 VT 20, ¶ 13;

Baldauf v. Vermont State Treasurer , 2021 VT 29, ¶ 8.

Plaintiff’s motion to amend is Denied. The present matter is Dismissed.

Plaintiff Toupin is further instructed that she may not file additional drafts or communications

in this matter with the Court. While she may appeal this decision as a final judgment of the Superior

Court, any further filings attempting to revive, revise, re-state, or augment the present action and

claims that have been dismissed will be summarily denied by the Court Clerk without further hearing.

Electronically signed on 7/23/2024 6:03 PM pursuant to V.R.E.F. 9(d)

__________________________________ Daniel Richardson

Superior Court Judge