Judge: William A. Crowfoot, Case: 24NNCV00270, Date: 2024-08-14 Tentative Ruling

Case Number: 24NNCV00270    Hearing Date: August 14, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MITSUBISHI HC CAPITAL AMERICA, INC. fka HITACHI CAPITAL AMERICA CORP.,

                    Plaintiff(s),

          vs.

 

BORLAR, INC.,

 

                    Defendant(s).

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     CASE NO.:  24NNCV00270

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

August 14, 2024

 

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Plaintiff Mitsubishi HC Capital America, Inc. fka Hitachi Capital America Corp. (“Plaintiff”) seeks a default judgment against defendant Borlar Inc. (“Defendant”) of $480,924.06, arising from the breach of six motor vehicle security agreements. Plaintiff has recovered one of the six vehicles which were the subject of those security agreements and applied the proceeds from its sale of that vehicle to the balance owed by Defendant on that agreement. (McGarry Declaration, p. 6.) In Item 8 of its proposed judgment, Plaintiff requests immediate possession of the remaining 5 vehicles, but does not specify that the proceeds from the sale of those vehicles will be used as a credit to offset the money judgment owed by Defendant. Plaintiff must submit a proposed order with this additional provision in Item 8 or explain why Plaintiff is entitled to personal possession of the vehicles in addition to the money owed under the security agreements.

The hearing is continued to August _______, 2024, at 8:30 a.m. in Department 3 of the Alhambra Courthouse. Any revised or additional papers must be filed no later than 5 court days before the date of the hearing.

 

Dated this 14th day of August, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.