Hundal

Volvo Financial Services v. Hundal

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20201:19-cv-00455California3,631 words

Opinion

Trial Court Opinion

I. BACKGROUND AND EVIDENCE IN SUPPORT OF DEFAULT JUDGMENT

5 This case concerns four breached Credit Sales Contract and Security Agreements.2 Based 6 on the Court’s review, the agreements follow a standard form. See ECF Nos. 10-2, 10-7, 10-12, 7 and 10-16. Each time, Defendant purchased equipment from Central Valley GMC. See, e.g. ECF 8 No. 10-2, at 2. Defendant did not pay for the equipment in full at the outset; rather, he agreed to 9 pay a specified monthly amount over 60 months at an increased price and granted a security 10 interest to the dealer. See, e.g., id. at 2-3. Among other things, he represented and warranted that 11 “the Equipment is to be used only for business purposes[.]”3 (Id. at 3.) 12 Failing to pay any installments on time is an event of default under the contracts. (Id. at 4.) At that time, the dealer (which assigned its rights in each of the contracts to Volvo, see e.g. ECF Nos. 10-2, at 3 and 10-3, at 2) had the right to declare all amounts due and payable, repossess the secured equipment, sell it, and charge an 18% default interest rate. (Id. at 3-4). Although Volvo had a security interest in the vehicle, it appears Defendant was the…

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