Bank of the West v. Zavala CA4/2

I. INTRODUCTION

Plaintiff Bank of the West (the bank) sued defendants Lydia E. and Miguel A.

Zavala, husband and wife, to recover monies due under a vehicle lease agreement and for

1 possession of the vehicle, a 2007 GMC Yukon. The trial court granted the bank’s motion

for summary judgment and entered judgment against defendants for $43,353.72, plus

postjudgment interest, attorney fees, and costs, plus possession of the Yukon. The

judgment requires the bank to credit proceeds from the sale of the Yukon to the

judgment.

Defendants appeal and we affirm. On its motion, the bank showed defendants

owed the bank $43,353.72 on the lease as of May 4, 2011, and that the bank was entitled

to possession of the Yukon. Defendants represented themselves in the litigation and filed

no papers whatsoever in opposition to the motion. They also failed to deny the material

allegations of the bank’s verified complaint for breach of the lease and possession of the

Yukon. They filed a motion for reconsideration of the court’s ruling on the motion on the

date the judgment was entered, which the court properly denied as untimely. (E.g.,

Passavanti v. Williams (1990) 225 Cal.App.3d 1602,…