Judge: John J. Kralik, Case: 24BBCV00493, Date: 2024-05-03 Tentative Ruling
Case Number: 24BBCV00493 Hearing Date: May 3, 2024 Dept: NCB
North
Central District
|
north
mill equipment finance llc, a limited liability company and
servicing agent for NORTH MILL CREDIT TRUST fka EFS CREDIT TRUST, Plaintiff, v. armen
sahakyan, an individual dba AS FASHION, Defendant. |
Case No.:
24BBCV00493 Hearing Date: May 3, 2024 [TENTATIVE] order RE: APPLICATION for writ of possession |
BACKGROUND
A.
Allegations
Plaintiff North Mill Equipment Finance
LLC, a limited liability company and servicing agent for North Mill Credit
Trust fka EFS Credit Trust (“Plaintiff”) alleges that Defendant Armen Sahakyan,
an individual dba As Fashion (“Defendant”) entered into a written Lease
Agreement with Plaintiff for the lease of one 2021 Technogen KL50FQT4 Diesel
Generator, serial number 20.63985.
Plaintiff alleges that it performed all the terms required, but that
Defendant failed to make a payment due and owing as of March 26, 2023. Plaintiff alleges that it has elected to
accelerate the balance due under the terms of the Agreement, such that the
balance now due and owing is $46,507.30, together with interest at the default
rate of 18% per annum from March 26, 2023.
Plaintiff alleges that Defendant is also liable for late charges of
$839.90; NSF fees of $7,191.48; personal property tax, insurance fees, residual
fees, and sales tax of $2,678.78; and a termination fee of $375.
The complaint, filed February 28, 2024, alleges
causes of action for: (1) breach of the lease agreement; (2) foreclosure of
security agreement and possession of collateral; (3) open book account; (4)
account stated; (5) unjust enrichment; and (6) breach of personal guaranty.
B.
Application
for Writ of Possession
On February 29, 2024, Plaintiff filed the
application for writ of possession against Defendant.
The Court is not in receipt of an
opposition brief.
DISCUSSION
A. Proof of Service
The Court is not in receipt of a proof of
service of the summons, complaint, and application documents on Defendant.
As such, the Court will continue the
hearing on the application so that Plaintiff has sufficient time to serve Defendant
with the summons, complaint, and application papers.
CONCLUSION
AND ORDER
Plaintiff North Mill Equipment
Finance LLC’s application for a writ of possession is continued to June 28, 2024
at 8:30 a.m. in order to provide Plaintiff sufficient time to file a proof of
service of the summons, complaint, and application documents on Defendant Armen
Sahakyan, an individual dba As Fashion.
Plaintiff
is ordered to provide notice of this order.
DATED: May 3, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court