CIT

CIT Group/Equipment Financing, Inc. v. Super DVD, Inc.

Good Law
115 Cal. App. 4th 537·2004 Cal. App. LEXIS 132·2004 Daily Journal DAR 1187·8 Cal. Rptr. 3d 927·2004 Cal. Daily Op. Serv. 974
Court of Appeal of CaliforniaJanuary 30, 2004A102151California1,358 words

Opinion

Opinion

Kay, J.

Appellants, Super DVD, Inc., a California corporation (Super DVD) and Julius Liu, defaulted on a commercial equipment lease, which resulted in the issuance of a right to attach order (RTO) in favor of respondent, The CIT Group/Equipment Financing, Inc., a Delaware corporation (CIT). Appellants now appeal, contending the trial court erred in issuing this order. We affirm.

I. BACKGROUND

On September 14, 2000, appellant Super DVD entered into a master lease agreement with CIT for the lease of certain equipment to be utilized in its business, pursuant to lease schedules to be issued thereunder. Appellant Julius Liu guaranteed the payment of all obligations under the master lease. On the same day, the parties also entered into two lease schedules regarding two DVD duplication machines. Lease Schedule 1 required Super DVD to make 60 monthly payments of $9,901.10 and provided for an aggregate rental of $594,067.00; Lease Schedule 2 required Super DVD to make 60 monthly payments of $8,455.56 and provided for an aggregate rental of $507,434.60. The master lease provided CIT with remedies in the event of default, which included declaring all sums immediately due and…

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