M&T Capital and Leasing Corp. v. Freon Logistics
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 M&T CAPITAL AND LEASING Case No. 2:23-cv-01171-WBS-CSK
CORPORATION,
ORDER Plaintiff, 13 v.
FREON LOGISTICS,
15 Defendant. 16 Plaintiff M&T Capital and Leasing Corp.’s third motion for default judgment was filed on April 17, 2025, and its supporting declarations were filed on June 9, 2025. (ECF Nos. 33, 37.)1 In its third motion for default judgment, Plaintiff seeks damages in the amount of $4,524,119.29. See Pl. Third Mot. (ECF No. 33.) Plaintiff’s evidentiary support, however, does not support this figure. “Plaintiff has the burden of proving damages through testimony or written affidavit.” See Bd. of Trs. of the Boilermaker Vacation Tr. v. Skelly, Inc., 389 F. Supp. 2d 1222, 1226 (N.D. Cal. 2005). For example, Plaintiff submits that the total damages of $4,524,119.29 as of April 30, 2024 are supported by the Account Balance Worksheet submitted as Exhibit J to the Declaration of Robert Van Tine (ECF No. 37). Van Tine Decl. ¶ 29. But the Account 27 …