Judge: Peter A. Hernandez, Case: 23PSCV00635, Date: 2023-07-27 Tentative Ruling

Case Number: 23PSCV00635    Hearing Date: July 27, 2023    Dept: K

Plaintiff BMO Harris Bank N.A.’s Application for Default Judgment is GRANTED; however, attorney’s fees are reduced to $2,694.19, per Local Rule 3.214.

Background   

Plaintiff BMO Harris Bank N.A. (“Plaintiff”) alleges as follows:

On January 30, 2019, Plaintiff and 3531 Trucking, Inc. (“Trucking”) entered into a Loan and Security Agreement (“Agreement #1003”) with Plaintiff, wherein Plaintiff extended financing to Trucking for the purchase of a 2018 Peterbilt 579-Series, Serial No. 1XPBAK7XXJD488175; that day, Miguel Miranda aka Miguel A. Miranda (“Miranda”) executed a continuing guaranty. On October 10, 2022, Trucking failed to make the monthly installment then due and owing. Trucking has failed to make any further payments.

On March 3, 2023, Plaintiff filed a complaint, asserting causes of action against Trucking, Miranda and Does 1-25 for:

1.                  Breach of Written Agreement

2.                  Breach of Continuing Guaranty

3.                  Claim and Delivery

4.                  Conversion

On May 3, 2023, Trucking’s default was entered. On May 16, 2023, Miranda’s default was entered.

A Case Management Conference is set for July 27, 2023.

Discussion

Plaintiff’s Application for Default Judgment is granted; however, attorney’s fees are reduced to $2,694.19, per Local Rule 3.214.