Judge: Peter A. Hernandez, Case: 23PSCV01228, Date: 2023-10-02 Tentative Ruling

Case Number: 23PSCV01228    Hearing Date: October 2, 2023    Dept: K

Plaintiff Banc of America Leasing & Capital, LLC’s Application for Default Judgment is GRANTED; however, attorney’s fees are reduced from $6,768.33 to $4,639.17 [see below].

Background   

Plaintiff Banc of America Leasing & Capital, LLC (“Plaintiff”) alleges as follows:

On or about March 26, 2021, Little Fat Trucking (“LFT”) entered into Commercial Finance Agreement Contract #120972 ("Note") with ENGS Commercial Finance Co. ("ENGS"), wherein ENGS agreed to finance LFT’s acquisition of five new 2020 Vanguard 53x102 dry van trailers ("Equipment") in exchange for 60 monthly installment payments of $3,804.63. Xing Wang (“Wang”) executed a personal guaranty (“Guaranty”) for the Note. On March 24, 2022, ENGS assigned all its rights, title and interest in the Note, Guaranty and Equipment to Plaintiff. On August 15, 2022, LFT failed to pay the monthly installment payment. LFT has failed to make any further payments and has failed to surrender the Equipment.

On April 25, 2023, Plaintiff filed a complaint, asserting causes of action against LFT, Wang and Does 1-50 for:

1.                  Breach of Contract

2.                  Possession of Personal Property

On June 27, 2023, LFT’s and Wang’s defaults were entered.

A Case Management Conference is set for October 2, 2023.

Discussion

Plaintiff’s Application for Default Judgment is granted; however, the court reduces attorney’s fees from $6,768.33[1] to $4,639.17. Plaintiff is instructed to lodge a Proposed Judgment indicating the revised attorney’s fees.