Preview
FILED
7/20/2022 5:29 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Madison McCarrier DEPUTY
CAUSE NO. DC-22-00951
DIVERSITAS HOLDINGS LLC § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
CHAMP LOGISTICS, LLC; and JORGE A. §
SAENZ aka JORGE SAENZ §
Defendants. § 95th JUDICIAL COURT
PLAINTIFF’S TRADITIONAL MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Diversitas Holdings LLC (“Plaintiff”) and files this Traditional Motion for
Summary Judgment pursuant to Texas Rule of Civil Procedure 166a(a) against Defendants Champ
Logistics, LLC (“Champ Logistics”) and Jorge A. Saenz aka Jorge Saenz (“Saenz”), and in support
of which would show as follows:
I.
INTRODUCTION
1. Prior to the date of suit, Champ Logistics entered into an equipment finance agreement
with Plaintiff’s predecessor in interest. Under the terms of the agreement, certain equipment was
financed for Champ Logistics in exchange for a promise to make monthly payments. As
inducement for the agreement and financing, Saenz personally and unconditionally guaranteed
payment of all obligations of Champ Logistics due under the agreement.
2. Champ Logistics and Saenz executed the equipment finance agreement and guaranty,
and the third-party vendor was paid for the equipment. Thereafter, the agreement went into
default for non-payment, and an outstanding balance remains. Plaintiff is the owner and holder
of the equipment finance agreement and guaranty and now moves for summary judgment on its
Page 1 of 9
breach of contract claims, seeking to recover from Champ Logistics and Saenz the outstanding
balance owed.
II.
SUMMARY JUDGMENT EVIDENCE
3. In support of its Motion, Plaintiff refers the Court to the following, fully incorporating
same by reference as if set forth herein verbatim and at length:
Evidence Exhibit
Affidavit of Jennifer Pealor 1
Equipment Finance Agreement No. 1207818.301 1-A
Payment History 1-B
Assignments 1-C
Affidavit for Attorney Fees 2
III.
APPLICABLE STANDARD FOR SUMMARY JUDGMENT
4. Plaintiff’s Motion seeks traditional summary judgment pursuant to Tex. R. Civ. Pro.
166a(a). Under a traditional summary judgment standard, a plaintiff bears the burden of showing
that there is no genuine issue of material fact, and that it is entitled to summary judgment as a
matter of law. Nixon v. Mr. Property Management Co., Inc., 690 S.W.2d 546, 548-49 (Tex.
1985). Once a plaintiff has established its right to summary judgment as a matter of law, the
burden then shifts to the defendant to present evidence raising a genuine issue of material fact,
thereby precluding summary judgment. City Of Houston v. Clear Creek Basin Authority, 589
S.W.2d 671, 678-79 (Tex. 1979).
Page 2 of 9
5. When moving for summary judgment, a plaintiff has no duty to disprove the affirmative
defenses pled by defendants. Nicholson v. Memorial Hospital System, 722 S.W.2d 746, 749
(Tex. App. – Houston [14th Dist.] 1987, writ ref’d n.r.e.). Rather, parties seeking to rely upon an
affirmative defense in opposing summary judgment bear the burden of coming forward with
summary judgment evidence sufficient to raise an issue of fact on each element of that defense,
in order to survive summary judgment. Brownlee v. Brownlee, 665 S.W.2d 111, 112 (Tex. 1984);
Nicholson, 772 S.W.2d at 749.
IV.
STATEMENT OF FACTS
6. Prior to the date of suit, Champ Logistics entered into Equipment Finance Agreement
No. 1207818.301 (the “Agreement”) with Plaintiff’s predecessor in interest. Exhibit 1, Affidavit
of Jennifer Pealor, at ¶3; see Agreement, a true and correct copy of which is attached to the
Affidavit of Jennifer Pealor as Exhibit 1-A. Under the terms of the Agreement, Plaintiff’s
predecessor in interest financed Champ Logistics’ purchase of certain business equipment, more
specifically described as a Volvo VNL 660, VIN number 4V4NC9TG74N362995. See Exhibit
1-A. As consideration, Champ Logistics promised to make payments as described by the
Agreement and granted a security interest in the Equipment to Plaintiff’s predecessor in interest.
Id.
7. In conjunction with and to induce the lender to enter into the Agreement, Saenz executed
a Personal Guaranty, pursuant to which he unconditionally guaranteed payment of all obligations
of Champ Logistics due under the Agreement (the “Unconditional Guaranty”). See Pealor Aff.
at ¶4; Exhibit 1-A, first page.
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8. After receiving executed copies of the Agreement and Unconditional Guaranty from the
defendants, Plaintiff’s predecessor in interest financed Champ Logistics’ purchase of the
Equipment. See Pealor Aff. at ¶5.
9. Thereafter, the Agreement went into default for non-payment. Id. at ¶6; Payment History,
a true and correct copy of which is attached to the Affidavit of Jennifer Pealor as Exhibit 1-B.
Champ Logistics has failed to make payments as required by the Agreement, and Saenz has
failed to make the payments on Champ Logistics’ behalf as required by the Unconditional
Guaranty. Id.
10. Plaintiff then acquired all right, title and interest in the Agreement via an Assignment.
Id. at ¶7; Assignment, a true and correct copy of which is attached to the Affidavit of Jennifer
Pealor as Exhibit 1-C. The Agreement and Unconditional Guaranty are owned and held by
Plaintiff. See Pealor Aff. at ¶7.
11. After taking into account the amounts owed to Plaintiff under the Agreement, fees, and
charges, and subtracting all payments, credits and offsets, Champ Logistics owes an outstanding
balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs. Id. at ¶8. It was
therefore necessary for Plaintiff to retain the services of the Wright Law Group, PLLC to enforce
the defendants’ duties under the Agreement and Unconditional Guaranty. Id. at ¶9. Accordingly,
the Wright Law Group, PLLC filed the above-captioned action, asserting actual damages in the
amount that remains unpaid under the Agreement. Further, in section 4 entitled “Payment;
Security Deposit”, the Agreement provides for interest of 1.5% per month or the highest rate
allowed by law on all past-due amounts. See Exhibit 1-A.
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V.
ARGUMENT & AUTHORITIES
I. Breach of the Agreement and Unconditional Guaranty
12. Plaintiff has brought this motion for summary judgment – solely on its breach of contract
claims – based on Champ Logistics and Saenz’s failures to pay the amounts due under the
Agreement and Unconditional Guaranty. Under Texas law, a breach of contract claim has the
following elements: 1) the existence of a valid contract; 2) performance or tendered performance
by the plaintiff; 3) breach of the contract by the defendant; and 4) damages sustained by the
plaintiff as a result of the breach. Valero Marketing & Supply Co. v. Kalama International, 51
S.W.3d 345, 351 (Tex. App. – Houston [1st Dist.] 2001, no pet.).
13. To recover for breach of a guaranty agreement, a plaintiff must establish: 1) the existence
and ownership of the guaranty agreement; 2) the performance of the terms of the contract by the
holder; 3) the occurrence of the condition upon which liability is based; and 4) the failure or
refusal to perform the promise by the guarantor. Corona v. Pilgrim’s Pride Corp., 245 S.W.3d
75, 81 (Tex. App. – Texarkana 2008, no pet.).
a. Existence of Valid Contract
14. Plaintiff has submitted into evidence the Agreement and Unconditional Guaranty that
were agreed to and executed by Champ Logistics and Saenz. See Exhibit 1-A. The Agreement
is a valid contract between Plaintiff and Champ Logistics and the Unconditional Guaranty is a
valid contract between Plaintiff and Saenz.
b. Performance by Plaintiff
15. Under the terms of the Agreement, Plaintiff’s predecessor agreed to finance Champ
Logistics’ purchase of the Equipment. See Exhibit 1-A. Performance was complete when it did
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in fact provide financing and pay the third-party vendor for the Equipment. See Pealor Aff. at
¶5.
c. Breach by the Defendants
16. Champ Logistics agreed to make timely payments until the debt was paid in full. See
Exhibit 1-A. Under the Unconditional Guaranty, Saenz unconditionally guaranteed all of Champ
Logistics’ payment obligations to Plaintiff due under the Agreement. Id. Despite its agreement
to make payments, Champ Logistics has failed to make the required payments, which is a clear
breach of the Agreement. See Pealor Aff. at ¶6; Exhibit 1-A; Exhibit 1-B. Similarly, Saenz has
failed to make the required payments on Champ Logistics’ behalf, which is a clear breach of the
Unconditional Guaranty. Id. Under Texas law, enforcement of the Unconditional Guaranty
against Saenz is premised solely on Champ Logistics’ default; Plaintiff has no duty to first seek
payment from Champ Logistics. Corona, 245 S.W.3d at 81. Further, Saenz agreed that Plaintiff
had no such duty when he executed the Unconditional Guaranty. See Exhibit 1-A.
d. Damages Sustained by Plaintiff
17. Plaintiff is the owner and holder of the Agreement and Unconditional Guaranty. See
Pealor Aff. at ¶6. After taking into account the amounts owed to Plaintiff under the Agreement,
fees and charges, and applying all credits and offsets, Champ Logistics owes an outstanding
balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs. Id. at ¶7. As
unconditional guarantor of all amounts not paid by Champ Logistics, Saenz is responsible for
the same balance. Id. Plaintiff has submitted evidence that Champ Logistics contracted for
default interest of 18% per annum. See Exhibit 1-A. Saenz similarly contracted for such interest
through execution of the Unconditional Guaranty. Id.
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18. Because Plaintiff has shown that: 1) Champ Logistics and Saenz executed the Agreement
and Unconditional Guaranty; 2) Plaintiff is the owner and holder of the Agreement and
Unconditional Guaranty, 3) Plaintiff and its predecessor performed according to its obligations
under the Agreement; 4) The condition upon which liability is based occurred when the
Agreement went into default for non-payment; and 5) Champ Logistics and Saenz breached the
Agreement and Unconditional Guaranty when they failed or refused to perform according to
their promises therein, it is clear no genuine issue of material fact exists as to Champ Logistics
and Saenz’s breach of and liability under the Agreement and Unconditional Guaranty. Because
Plaintiff has shown that, after applying all just credits and offsets, an outstanding balance of
$10,725.33 remains on the Agreement as a result of the defendants’ breach, it is clear that no
genuine issue of material fact exists as to Champ Logistics and Saenz’s liability for Plaintiff’s
actual damages of $10,725.33. Plaintiff is therefore entitled to summary judgment against
Champ Logistics and Saenz on its cause of action for breach of contract.
II. Plaintiff’s Attorneys’ Fees
19. Under the terms of the Agreement, Champ Logistics agreed to pay Plaintiff’s attorneys’
fees and costs incurred in enforcing its rights under the Agreement. See Exhibit 1-A, section
“Default and Remedies”. Likewise, Champ Logistics agreed to pay Plaintiff’s attorney fees and
costs incurred in enforcing the Unconditional Guaranty. Id. Plaintiff has submitted summary
judgment evidence that it retained counsel to enforce its rights under the Agreement and
Unconditional Guaranty via the above-captioned action. See Pealor Aff. at ¶8. According to the
Affidavit for Attorney Fees attached hereto as Exhibit 3, Plaintiff has incurred reasonable and
necessary attorneys’ fees and court costs in the amount of $4,482.50. Accordingly, should the
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Court rule that Plaintiff is entitled to summary judgment in the present action, Plaintiff requests
that it also be awarded its reasonable and necessary attorneys’ fees and costs.
III. Foreclosure of Security Interest and Possession of the Equipment
20. Plaintiff has a security interest in the Equipment. See Exhibit 1-A. Champ Logistics has
defaulted in its obligations under the Agreement by failing to make the required payments. Upon
default, Plaintiff is permitted to take possession of the Equipment. Accordingly, should this
Court rule that Plaintiff is entitled to summary judgment against Champ Logistics in the present
action, Plaintiff requests that the Court’s order foreclose Plaintiff’s security interest and order
Champ Logistics or any other person in possession of the Equipment to surrender the Equipment
to Plaintiff.
VII.
CONCLUSION
By reason of the evidence and authorities set forth above, Plaintiff has demonstrated that
no genuine issues of material fact exist as to its breach of contract claims against Defendants
Champ Logistics and Saenz. WHEREFORE, Plaintiff hereby requests that the Court render
judgment as follows:
1. That Plaintiff’s Traditional Motion for Summary Judgment be granted in its
entirety;
2. That the Court adjudge Defendants Champ Logistics and Saenz jointly and
severally liable to pay to Plaintiff the entire amount due under the Agreement,
including pre- and post-judgment interest;
3. That Plaintiff be awarded its reasonable and necessary attorneys’ fees and costs
against Defendants Champ Logistics and Saenz;
4. That the Court award possession of the Equipment to Plaintiff;
5. That Plaintiff be granted all such other and further relief, in law or in equity, to
which it may be justly entitled.
Page 8 of 9
Respectfully submitted,
By: /s/ Ashley B. Smith
JARED A. ROUGEAU
State Bar No. 24093076
jar@replevin.com
REBECCA L. BROWN
State Bar No. 24087223
rlb@replevin.com
ASHLEY B. SMITH
State Bar No. 24117887
abs@replevin.com
WRIGHT LAW GROUP, PLLC
12333 Sowden Rd, Ste. B, PMB #84356
Houston, TX 77080-2059
(713) 936 – 9574 (Tel)
(713) 936 – 9574 (Fax)
E-service Email: txcases@replevinlawfirm.com
COUNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion was sent as
indicated below on July 20 2022.
__________ By certified mail;
__________ By regular mail;
___XX____ By fax transmission;
_ By electronic mail.
L. Aron Pena
State Bar No. 15739000
Law Office of L. Aron Pena
600 South Closner
Edinburg, Texas 78539
Telephone: (956) 383-5311
Facsimile: (956) 380-2722
ATTORNEY FOR DEFENDANTS
CMRRRR:
/s/ Ashley B. Smith
__________________________________
Ashley B. Smith
Page 9 of 9
EXHIBIT 1
CAUSE NO. DC-22-00951
DIVERSITAS HOLDINGS LLC § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
CHAMP LOGISTICS, LLC; and JORGE A. §
SAENZ aka JORGE SAENZ §
Defendants. § 95th JUDICIAL COURT
AFFIDAVIT OF JENNIFER PEALOR
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, personally appeared Jennifer Pealor who, being by me
duly sworn, states that the following is true and correct, and deposes of his own personal
knowledge as follows:
1. “My name is Jennifer Pealor. I am managing member of Diversitas Holdings LLC,
Plaintiff in the above-captioned action. By reason of my position at Plaintiff, I am responsible for
collection of the account at issue and have personal knowledge of the relevant events of this
lawsuit. I am over the age of eighteen (18) and have never been convicted of a felony or other
crime of moral turpitude. I am of sound mind, capable of making this affidavit, and have personal
knowledge of the true and correct facts herein stated or asserted. I have personal knowledge of and
experience with Plaintiff’s accounting practices and software. It is essential to my position that I
know how to calculate outstanding balances on delinquent accounts, including principal and
interest.
2. In my capacity as managing member of Plaintiff, I am a custodian of Plaintiff’s books,
records and files relevant in this case. Plaintiff’s books, records and files relating to this case are
kept in my custody and under my direction and supervision in the regular course of business.
Plaintiff’s business records concerning this case were made by Plaintiff’s employees in the
ordinary course of business at or near the time of the event described or recorded in such records
by a person who had personal knowledge of the event being recorded and had a business duty to
accurately record such event. I have personally worked on such books, records and files and know
them to be accurate and trustworthy. The records attached hereto are the originals or exact
duplicates of the originals.
3. Prior to this suit, Champ Logistics, LLC (“Champ Logistics”) entered into Equipment
Finance Agreement No. 1207818.301 (the “Agreement”) with Financial Pacific Leasing, Inc.
(“Financial Pacific”). A true and correct copy of the Agreement is attached hereto as Exhibit 1-A.
4. In conjunction with the Agreement, defendant Jorge A. Saenz aka Jorge Saenz (“Saenz”)
executed a Personal Guaranty, pursuant to which she unconditionally guaranteed payment and
Page 1 of 2
performance of all obligations of Champ Logistics due under the Agreement (the “Unconditional
Guaranty”). The Unconditional Guaranty is included within the first page of the Agreement.
5. After receiving executed copies of the Agreement and Unconditional Guaranty, Financial
Pacific financed Champ Logistics’ purchase of the Equipment.
6. The Agreement thereafter went into default for non-payment. A true and correct Payment
History is attached hereto as Exhibit 1-B. Champ Logistics and Saenz have failed to make the
payments due as required by the Agreement and Unconditional Guaranty.
7. Plaintiff later acquired all right, title and interest in the Agreement via an Assignment. True
and correct copies of the Assignment documents are attached hereto as Exhibit 1-C. The
Agreement and Unconditional Guaranty continue to be owned and held by Plaintiff.
8. After taking into account the amounts owed to Plaintiff under the Agreement, fees, and
charges, and applying all payments, recoveries, credits and offsets, Champ Logistics and Saenz
owe an outstanding balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs.
Said outstanding balance is calculated as follows:
Amount due under Agreement: $34,637.76
Remainder Due Per Addendum Dated May 31, 2019: $8,416.07
Post-Addendum Payments Made: ($ 975.00)
Default Interest (18%, 8/1/19-1/20/22): $3,284.26
TOTAL: $10,725.33
9. As a result of the defendants’ failures to perform their duties under the Agreement and
Unconditional Guaranty, it was necessary for Plaintiff to retain the services of the Wright Law
Group, PLLC to enforce those duties via the present suit.”
Further affiant sayeth naught.
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______________________________
Jennifer Pealor
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,.,,,'1 MATTHEW WRIGHT
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DELIVERY & ACCEPTANCE
YOU CERTIFY THAT THE EQUIPMENT HAS BEEN RECEIVED, YOU HAVE HAD A REASONABLE OPPORTUNITY TO INSPECT IT, YOU HAVE INSPECTED IT AND IT
IS SATISFACTORY IN ALL RESPECTS AND IS ACCEPTED. YOU AUTHORIZE US TO PAY THE SUPPLIER($) OF THE EQUIPMENT ANO YOU AGREE THAT THE
"ACCEPTANCE DATE" OF THIS AGREEMENT WILL BE ON THE DATE WE MAKE THE FIRST PAYMENT TO A SUPPLIER. YOU AGREE THAT YOU HAVE NOT BEEN
INDUCED TO SIGN ANY ASSURANCES BY us OR BY ANYONE asE.
CUstomer MEMBER ANO INDIVIDUALLY Date
CHAMP LOGISTICS, LLC
X
Use of Iha terms "you" and "your" In this Agreement refers to Iha Customer and use of Iha t • •us•. and "our" ref8111 to the Secured Party Identified above. You want
us to finance your acquisition of the equipment described herein, togelhar with any replace t parts, additions, or accessories now or hereafter Incorporated In or affixed
(colledlvaty, Iha "Equipment"). You hereby promise to pay all amounts described In this Ag ent and perfonn pursuant to Its terms and conditions.
1. NO WARRANTIES; ABSOLUTE OBLIGATION. You have selected the Equipment and Iha suppller and you acknowledge that we have not participated In manufacturing,
selecting, or supplying Iha Equipment and we do not represent Iha manufacturer or supplier, and you agree that we are financing the Equipment •As 1s•. WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DESIGN,
CONDmON, CAPACITY, SUITABILITY, PERFORMANCE, MATERIAL OR WORKMANSHIP, PATENT INFRINGMENT, OR OTHERWISE. YOU AGREE THAT
REGARDLESS OF CAUSE WE ARE NOT LIABLE FOR ANY LOSS OR INJURY TO YOU OR AtlV THIRD PERSON OR PROPERTY, INCLUDING DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR SETOFF AND YOU WILL NOT MAKE ANY SUCH CLAIM AGAINST US. YOU AGREE TO BEAR ALL
RISK OF LOSS ASSOCIATED WITH THE EQUIPMENT AND YOU AGREE THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE ABSOLUTE AND
UNCONDmONAL AND YOU CANNOT WITHHOLD, BET OFF, OR REDUCE PAYMENTS.
2. SECURITY AGREEMENT. You are the owner of Iha Equipment and you hereby grant us a fitst priority security Interest In and lien upon the Equipment and all Income and
proceeds from the Equipment (Including Insurance proceeds). Thia security Interest Is granted to secure Iha timely performance of an of your obllgatlons to us, now existing or
later created under lhls Agreement or otherwise, and you shall Insure that such security Interest remains a sole first priority llen. You authorize us to sign and record UCC
financing statements and any other documents we deem necessary to confirm our Interest In the Equipment and you agree to pay all filing and processing fees. The
Flnant:l«I Paclllc Leasing, Inc., la a eubs/dlary of Umpqua Bank I Prrxtucls offotod lly F/nanclal Pat:lflG Leasing, Inc., are nol FDIC lneutod
App# 659132. 08201.sA , EFA Page 1 of 2 Page Agreement
Equipment shall remain personal property even .. installed in or affixed to real have under any Industrial 1,,_.,ance law.
property. You acknowledge that you have selected the Equipment and supplier and 11. DEFAULT AND REMEDIES. Each of the following will cause you to be in default
that - have not participated In any way with your selection. You acknowledge that (a) you faU to pay any amount due under thiS Agreement when due; (b) you fail to
we are not affiliated with the supplier or manufacturer of the Equipment and no agent perform or observe any covenant, condition, or obligation stated in this Agreement or
of the supplier or manufacturer is authorized to alter this Agreement or act on our any other agreement with us; (c) you become insolvent, you assign your assets for
behaH. the benefit of creditors, or you voluntarily or involuntarily become the subject of a
3. TERM. The Initial term is set forth on the first page of this Agreement. The start bankruptcy or reorganization proceeding; (d) any guarantor of this Agreement dies,
date of the initial term shall be on the Acceptance Date. The term shall end on the fails to perform its obligations as a guarantor, or becomes subject to one of the events
earner of the following: (a) your full performance of each obligation set forth in this listed in (c) above; or (d) we, in good faith. deem ourselves Insecure as a result of a
Agreement, including schedules and amendments; or (b) when we terminate this material adverse change in your financial condition or otherwise. H you are ever in
Agreement in accord with its terms. default, - may elect one or more of the following remedies with or without notice to
4. PAYMENT; SECURrTY DEPOSIT. You will make an payments required under this you: (1) retain your deposit and all payments made by you; (2) terminate this
Agreement when due to us at the address we designate. Payments shaD commence Agreement and any other agreements we have with you; (3) require you to
on the Due Date indicated above immediately following the start date of the initial immediately pay us a sum equal to aB unpaid payments for the remainder of this
term. You agree lo make a pro rala payment for the period between the start date of Agreement, plus all other amounts due or to become due during the term of this
the initial term and the due date of the first fuU payment. If we do not receive a Agreement; (4) require you to promptly return the Equipment to us at your expense;
payment when due, you will be charged a late fee of 10% of the total due or $10, (5) enter your property without court order or surety and you waive all daims against
whichever Is greater, and an additional late fee will be charged for each month a us including for trespass or damage and foreclose on, repossess, or render the
payment remains unpaid. You agree that this late fee is a reasonable estimate of the Equipment unusable; or (6) exercise any other remedy avaaable under applicable law.
expense we will incur as a result of a late payment and is not a penalty. You also If we are required to discount any sum payable by you under this Agreement, you
agree to pay a charge for each check or ACH returned or dishonored. All amounts agree that the discount rate used shall be 5% per annum. If we take possession of the
past due under this Agreement will bear interest at 1.5% per month or the maximum Equipment, - may sell or otherwise dispose of it upon notice required by law at a
lawful rate If less. Any security deposit we require shall secure performance of all of public or private sale and apply the net proceeds after deducting all costs and
your obligations under this Agreement. In Iha event you default, we may apply the expense (including attomey fees) related to collection and disposition to the amounts
security deposit, In which case you agree to restore the security deposit upon 15 you owe us. You will remain responsible for any amount due after we have applied
days' written notice. You agree that we may comingle the security deposit with other the net proceeds. You agree that if notice of disposition is required by law, 10 days'
funds and that you will not be paid any interest on the security deposit. At the end of notice Is reasonable. You agree we may bid and purchase the Equipment as
the term of this Agreement, Including any extension or renewal, provided you have permitted by law. You agree that ail remedies are cumulative and not exclusive and
fully performed your obligations under this Agreement, we will return the balance of you will be responsible for all costs and disbursements incurred in the enforcement of
the security deposit lo you. our remedies, including attorney fees and costs, whether or not suit becomes
5. EQUIPMENT LOCATION, USE, AND REPAIR. You will keep the Equipment at the necessary, Including those Incurred In connection with an appeal or bankruptcy
location designated in this Agreement absent our advance written approval. You proceeding, plus costs incurred in Equipment repossession, redelivery, storage, and
agree that we may Inspect the Equipment upon request during normal business repair, and such other charges as are assessed in accordance with our collection
hours. You warrant that the Equipment is for commercial purposes only and not for charge schedule. If we delay or rail to enforce any of our rights under this Agreement,
consumer, personal, or household purposes. You agree that we have no obligations - will still be entiUed to enforce those rights at a later time.
to repair, maintain or replace the Equipment: you agree to maintain the Equipment in 12. ASSIGNMENT. YOU HAVE NO RIGHT TO SELL, PLEDGE. SUBLEASE,
proper working order and to bear all expense required. You agree that the Equipment TRANSFER, OR ASSIGN ANY RIGHTS IN THE EQUIPMENT OR THIS
will only be used for its intended use, in accord with any insurance policy and AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT. We may assign,
manufacturer's warranty covering the Equipment. and In compliance with an laws and pledge or transfer any of our rights hereunder without notice. You agree that if we
regulations related to its ownership. use and maintenance. assign, pledge or transfer any of our rights, the assignee will have the same rights
6. TITUNG. If requested by us. you agree to cause any Equipment subject lo tiUe and benefits - had but none of our obligations and will not be subject to any daim,
registration laws to be tilled as we direct. You shaU advise us promptly as to any defense, or setolf you may have against us. Following any assignment, the terms
necessary retitling and you shaU provide us with aB documents of title within Sixty (60) -we•. •us•. and •our- shall be deemed to include or refer to the assignee.
days of the date on any tlUing effected by you. 13. INFORMATION; CREDfT REPORTS. YOU AUTHORIZE US AND OUR
7. TAXES AND FEES. You agree to pay, when due, all taxes and fees relating to the ASSIGNEES TO OBTAIN CREDIT REPORTS AND MAKE CREDIT INQUIRIES AS
use, ownership, or possession of the Equipment and all related interest and penalties WE DEEM NECESSARY. We will inform you upon request H we have sought a
and to pay all other obligations which may ena,mber the Equipment, and provide us consumer credit report and the name and address of any credit reporting agency that
with written proof of payment on request. provided a report. You agree that we may request and use additional credit reports to
8. RISK OF LOSS. You are responsible for any loss. theft of, or damage to, the update our Information without further notice to you as long as you have obligations
Equipment from any cause ("Loss") regardless of whether the Loss is insured. A Loss under this Agreement. Upon our request, you agree to provide us with statements
will not relieve you of your payment obligations under this Agreement. In the event of setting forth your financial condition and operations. You warrant that all information
a Loss, you shall promptly notify us and place the Equipment in good repair, condition you have and will deliver to us, Including the information in this Agreement, is true,
and working order. provided, however, if we determine the Equipment is lost, stolen, accurate and correct and you acknowledge that we are relying on such inf0ffll8tion to
destroyed, damaged beyond repair, or is a constructive total loss under an insurance enter into this Agreement.
policy, you shall pay us the remaining payments due under this Agreement 14. LIMITED AMENDMENTS. You authorize us to amend this Agreement without
discounted to present value al a discount rate of 5% as of the date of Loss as notice to you if it is necessary to supply missing information, correct obvious errors, or
determined by us, plus all other amounts due to us under this Agreement as of the reflect a change In the following: (a) the descrlpUon of the Equipment, (b) the
date of Loss. applicable sales tax rate, or (c) a change in the amount financed, not to exceed $10
9. INSURANCE. You agree to obtain and maintain at your expense property or 10% per payment, whichever is greater.
Insurance for the full replacement value of the Equipment, protecting the Equipment 15. LAW; JURISDICTION. ALL MATTERS RELATED TO THIS AGREEMENT ARE
against Loss, and liability Insurance, In en amount acceptable to us. but In no event GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON AND YOU
less than $500,000 covering any Injury, death or third-party property damage arising CONSENT TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT IN
out of or relating lo use of the Equipment. If the Equipment must be titled under title WASHINGTON. YOU AGREE THAT AT OUR SOLE OPTION THE VENUE FOR
registration laws ("Mobile") then you shall obtain and maintain all risk physical ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE
damage insurance. All insurance policies must name us as an additional insured and IN KING COUNTY, WASHINGTON. YOU AGREE THAT WE HAVE THE OPTION OF
must provide that no cancellation shaU be effective without thirty (30) days' prior COMMENCING AN ACTION IN ANY COURT HAVING JURISDICTION OVER THE
written notice lo us. At our request, you agree to name any party who may have a SUBJECT MATTER ANO PARTIES. EACH PARTY WAIVES ANY RIGHT TO A
security interest in the Equipment as Lender's Loss Payee. You agree lo provide JURY TRIAL ANO THE DEFENSE OF INCONVENIENT FORUM.
proof of insurance to us upon request. You hereby grant us a limited power of 16. NOTICES. Notices shall be in writing and may be delivered by regular U.S. mail
attorney allowing us to make a claim for, receive payment on, and endorse or execute postage prepaid, at the respective addresses set forth above or al such other address
for our benefit any Instrument representing proceeds from any policy issued on the as a party may provide by written nolioe. Notice shall be effective when deposited in
Equipment. IF YOU FAIL TO PROVIDE PROOF OF INSURANCE ACCEPTABLE TO the mail. You a!Jf88 to promptly notify us of any change to your address.
US, WE HAVE THE RIGHT BUT NOT THE OBLIGATION TO SECURE INSURANCE 17. COUNTERPARTS. This Agreement and any document pertaining to this
IN SUCH FORM AND AMOUNT AS WE DEEM NECESSARY AND YOU AGREE Agreement may be executed In counterpartS and the eledronic bansmlssion of such
THAT IN ADDmON TO INSURANCE PREMIUMS WE MAY CHARGE YOU document shall have the same force and effect as delivery of an original.
INTEREST AT 1.5% PER MONTH ANO/OR AN ADMINISTRATIVE FEE WHICH 18. MISCELLANEOUS. This Agreement represents the entire agreement between
MAY RESULT IN A PROFIT TO US. YOU UNDERSTAND THAT IF WE PROCURE you and us regarding the Equipment. This Agreement and any amendment to it are
INSURANCE YOU MAY PAY MORE THAN IF YOU HAD PROCURED INSURANCE not binding until signed by both parties. unless othefwise provided herein. The waiver
ANO THE INSURANCE MAY NOT NAME YOU AS AN INSURED AND MAY NOT of any terms or condltlons of this Agreement must be in writing and signed by us. If
FULLY PROTECT YOU IN THE EVENT OF A LOSS. YOU AGREE THAT DISPUTES more than one customer has signed this Agreement, each of you agree that your
REGARDING INSURANCE OR FEES CHARGED FOR PROCURING INSURANCE liability Is joint and several. By signing this Agreement, you acknowledge that you
WILL BE DETERMINED BY ARBITRATION CONDUCTED IN SEAlTt.E, have read and understand its terms and conditions and you are authorized to bind the
WASHINGTON UNDER THE RULES OF THE AMERICAN ARBITRATION Customer to the obligations set forth in this Agreement. If any part of this Agreement
ASSOCIATION. is found to be Invalid, then such part shall be considered severable and Inapplicable
10. INDEMNIFICATION. You are responsible for and agree to indemnify, defend, and but shall not Invalidate the remainder of the Agreement. You authorize us to
hold harmless us and our officers, directors, shareholders, employees. and agents communicate with you through electronic means. lime is of the essence of this
from and against any losses, damages, claims, penalties, suits, actions, and Agreement. All of our rights under this Agreement shall survive its termination or
expenses, including altomey fees, arising out of or related to the Equipment, whether expiration. ORAL AGREEMENT OR ORAL COMMITMENTS TO LOAN MONEY,
based on a theory of strict liability or otheiwlse. Your duties under this section shall EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A
survive termination or expiration of this Agreement. You waive any immunity you may DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
Financial Pacific Lessing, Inc., Is o :subs/dillfY of Umpqua Bank IProductfl oHeted by Financial Psdllt: l..iias/ng, Inc., aro not FOIC lnsurod
App# 659132, 082015A, EFA Page 2 of 2 Page Agreement
EQUIPMENT LIST
Vendor: AzjorTruck and Equipment Address:1513 W Expressway 83, Alamo Tx 78516 Model: 2004 Volvo VNL 660
Vin#:4V4NC9TG74N362995
AN ELECTRONIC VERSION OF THIS DOCUMENT SHALL BE CONSIDERED AN ORIGINAL
CUSTOMERi.C
P LOGISTICS, LLC
BY: X
JO Z
ITS: ME BER AND INDIVIDUALLY
DATE: OL.\-;;;).\.o-\lo
Financial Pacific Leasing. Inc., Is a subsia,a,y of Umpqua Bank I Products olfarod by Financial Pacif,c Leasing, Inc.. am ncl FDIC insurod
App# 659132. 102014A, EFA Page 1 of 1 Page Equipment List
Exhibit 1-B
CMAINT.11 Lease Contract Maintenance 01/13/2021
Payment History Inquiry
Contract. 001-1207818-301 CHAMP LOGISTICS, LLC
Trans Type Check/Memo Date Due Date Rcvd Amount Rcvd Tot Rental
0001) 8327660 over 08/01/19 12/30/20 297.64 297.64
0002) 7476092 Over 6302475930 07/01/19 09/30/19 650.00 650.00
0003) 7425283 Over 6302459767 07/01/19 08/29/19 325.00 325.00
0004) 7167511 Stand 6302372013 03/01/19 03/25/19 1,525.99 1,449.83
0005) 7089599 Over 6302344319 02/01/19 02/05/19 731.62 721.62
0006) 7066586 Over 6302337079 01/01/19 01/23/19 803.77 721. 62
0007) 6998495 Over 6302313629 12/01/18 12/12/18 721.40 721.40
0008) 6946985 Stand 6302295571 11/01/18 11/12/18 794.00 721. 84
0009) 6898359 Over 6302277349 10/01/18 10/10/18 793.05 720.95
0010) 6848450 Stand 6302259964 09/01/18 09/11/18 782.00 710.97
0011) 6798506 Stand 6302242682 08/13/18 80.00 11. 32
0012) 6793001 Stand 6302240031 08/01/18 08/07/18 720.00 716.98
0013) 6740551 Stand 6302221592 07/01/18 07/05/18 725.99 725.99
0014) 6695678 Stand 6302205567 06/01/18 06/08/18 783.00 711.84
0015) 6642793 Stand 6302185409 05/01/18 05/04/18 725.99 725.99
0016) 6596582 Stand 6302168403 04/01/18 04/06/18 490.99 490.99
Selection More ...
CMAINT.11 Lease Contract Maintenance 01/13/2021
Payment History Inquiry
Contract. 001-1207818-301 CHAMP LOGISTICS, LLC
Trans Type Check/Memo Date Due Date Rcvd Amount Rcvd Tot Rental
0017) 6554703 Stand 6302151812 03/14/18 225.00 225.00
0018) 6544306 Stand 6302147813 03/01/18 03/05/18 725.99 725.99
0019) 6504420 Stand 6302133396 02/01/18 02/12/18 800.00 727.90
0020) 6455238 Stand 6302115540 01/01/18 01/11/18 790.00 718.24
0021) 6407524 Stand 6302098406 12/01/17 12/11/17 789.00 717.64
0022) 6358944 Stand 6302081478 11/01/17 11/09/17 793.00 721. 64
0023) 6310631 Stand 6302064146 10/01/17 10/10/17 740.00 673.45
0024) 6259737 Stand 6302043682 09/01/17 09/05/17 688.25 688.25
0025) 6215194 Stand 6302026678 08/01/17 08/03/17 777.77 777.77
0026) 6170552 Stand 6302010202 07/01/17 07/05/17 725.75 725.75
0027) 6127306 Stand 6301994505 06/01/17 06/05/17 750.00 750.00
0028) 6084067 Stand 6301978863 05/01/17 05/04/17 722.50 722.50
0029) 6037939 Over 6301960784 04/01/17 04/03/17 721.62 721.62
0030) 5995971 Over 6301945197 03/01/17 03/03/17 717.49 717.49
0031) 5953602 Stand 6301928840 02/01/17 02/02/17 725.75 725.75
0032) 5911053 Over 6301913667 01/01/17 01/03/17 721.62 721. 62
Selection More ...
CMAINT.11 Lease Contract Maintenance 01/13/2021
Payment History Inquiry
Contract. 001-1207818-301 CHAMP LOGISTICS, LLC
Trans
Preview
FILED 7/20/2022 5:29 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Madison McCarrier DEPUTY CAUSE NO. DC-22-00951 DIVERSITAS HOLDINGS LLC § IN THE DISTRICT COURT OF Plaintiff, § § v. § DALLAS COUNTY, TEXAS § CHAMP LOGISTICS, LLC; and JORGE A. § SAENZ aka JORGE SAENZ § Defendants. § 95th JUDICIAL COURT PLAINTIFF’S TRADITIONAL MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Diversitas Holdings LLC (“Plaintiff”) and files this Traditional Motion for Summary Judgment pursuant to Texas Rule of Civil Procedure 166a(a) against Defendants Champ Logistics, LLC (“Champ Logistics”) and Jorge A. Saenz aka Jorge Saenz (“Saenz”), and in support of which would show as follows: I. INTRODUCTION 1. Prior to the date of suit, Champ Logistics entered into an equipment finance agreement with Plaintiff’s predecessor in interest. Under the terms of the agreement, certain equipment was financed for Champ Logistics in exchange for a promise to make monthly payments. As inducement for the agreement and financing, Saenz personally and unconditionally guaranteed payment of all obligations of Champ Logistics due under the agreement. 2. Champ Logistics and Saenz executed the equipment finance agreement and guaranty, and the third-party vendor was paid for the equipment. Thereafter, the agreement went into default for non-payment, and an outstanding balance remains. Plaintiff is the owner and holder of the equipment finance agreement and guaranty and now moves for summary judgment on its Page 1 of 9 breach of contract claims, seeking to recover from Champ Logistics and Saenz the outstanding balance owed. II. SUMMARY JUDGMENT EVIDENCE 3. In support of its Motion, Plaintiff refers the Court to the following, fully incorporating same by reference as if set forth herein verbatim and at length: Evidence Exhibit Affidavit of Jennifer Pealor 1 Equipment Finance Agreement No. 1207818.301 1-A Payment History 1-B Assignments 1-C Affidavit for Attorney Fees 2 III. APPLICABLE STANDARD FOR SUMMARY JUDGMENT 4. Plaintiff’s Motion seeks traditional summary judgment pursuant to Tex. R. Civ. Pro. 166a(a). Under a traditional summary judgment standard, a plaintiff bears the burden of showing that there is no genuine issue of material fact, and that it is entitled to summary judgment as a matter of law. Nixon v. Mr. Property Management Co., Inc., 690 S.W.2d 546, 548-49 (Tex. 1985). Once a plaintiff has established its right to summary judgment as a matter of law, the burden then shifts to the defendant to present evidence raising a genuine issue of material fact, thereby precluding summary judgment. City Of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678-79 (Tex. 1979). Page 2 of 9 5. When moving for summary judgment, a plaintiff has no duty to disprove the affirmative defenses pled by defendants. Nicholson v. Memorial Hospital System, 722 S.W.2d 746, 749 (Tex. App. – Houston [14th Dist.] 1987, writ ref’d n.r.e.). Rather, parties seeking to rely upon an affirmative defense in opposing summary judgment bear the burden of coming forward with summary judgment evidence sufficient to raise an issue of fact on each element of that defense, in order to survive summary judgment. Brownlee v. Brownlee, 665 S.W.2d 111, 112 (Tex. 1984); Nicholson, 772 S.W.2d at 749. IV. STATEMENT OF FACTS 6. Prior to the date of suit, Champ Logistics entered into Equipment Finance Agreement No. 1207818.301 (the “Agreement”) with Plaintiff’s predecessor in interest. Exhibit 1, Affidavit of Jennifer Pealor, at ¶3; see Agreement, a true and correct copy of which is attached to the Affidavit of Jennifer Pealor as Exhibit 1-A. Under the terms of the Agreement, Plaintiff’s predecessor in interest financed Champ Logistics’ purchase of certain business equipment, more specifically described as a Volvo VNL 660, VIN number 4V4NC9TG74N362995. See Exhibit 1-A. As consideration, Champ Logistics promised to make payments as described by the Agreement and granted a security interest in the Equipment to Plaintiff’s predecessor in interest. Id. 7. In conjunction with and to induce the lender to enter into the Agreement, Saenz executed a Personal Guaranty, pursuant to which he unconditionally guaranteed payment of all obligations of Champ Logistics due under the Agreement (the “Unconditional Guaranty”). See Pealor Aff. at ¶4; Exhibit 1-A, first page. Page 3 of 9 8. After receiving executed copies of the Agreement and Unconditional Guaranty from the defendants, Plaintiff’s predecessor in interest financed Champ Logistics’ purchase of the Equipment. See Pealor Aff. at ¶5. 9. Thereafter, the Agreement went into default for non-payment. Id. at ¶6; Payment History, a true and correct copy of which is attached to the Affidavit of Jennifer Pealor as Exhibit 1-B. Champ Logistics has failed to make payments as required by the Agreement, and Saenz has failed to make the payments on Champ Logistics’ behalf as required by the Unconditional Guaranty. Id. 10. Plaintiff then acquired all right, title and interest in the Agreement via an Assignment. Id. at ¶7; Assignment, a true and correct copy of which is attached to the Affidavit of Jennifer Pealor as Exhibit 1-C. The Agreement and Unconditional Guaranty are owned and held by Plaintiff. See Pealor Aff. at ¶7. 11. After taking into account the amounts owed to Plaintiff under the Agreement, fees, and charges, and subtracting all payments, credits and offsets, Champ Logistics owes an outstanding balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs. Id. at ¶8. It was therefore necessary for Plaintiff to retain the services of the Wright Law Group, PLLC to enforce the defendants’ duties under the Agreement and Unconditional Guaranty. Id. at ¶9. Accordingly, the Wright Law Group, PLLC filed the above-captioned action, asserting actual damages in the amount that remains unpaid under the Agreement. Further, in section 4 entitled “Payment; Security Deposit”, the Agreement provides for interest of 1.5% per month or the highest rate allowed by law on all past-due amounts. See Exhibit 1-A. Page 4 of 9 V. ARGUMENT & AUTHORITIES I. Breach of the Agreement and Unconditional Guaranty 12. Plaintiff has brought this motion for summary judgment – solely on its breach of contract claims – based on Champ Logistics and Saenz’s failures to pay the amounts due under the Agreement and Unconditional Guaranty. Under Texas law, a breach of contract claim has the following elements: 1) the existence of a valid contract; 2) performance or tendered performance by the plaintiff; 3) breach of the contract by the defendant; and 4) damages sustained by the plaintiff as a result of the breach. Valero Marketing & Supply Co. v. Kalama International, 51 S.W.3d 345, 351 (Tex. App. – Houston [1st Dist.] 2001, no pet.). 13. To recover for breach of a guaranty agreement, a plaintiff must establish: 1) the existence and ownership of the guaranty agreement; 2) the performance of the terms of the contract by the holder; 3) the occurrence of the condition upon which liability is based; and 4) the failure or refusal to perform the promise by the guarantor. Corona v. Pilgrim’s Pride Corp., 245 S.W.3d 75, 81 (Tex. App. – Texarkana 2008, no pet.). a. Existence of Valid Contract 14. Plaintiff has submitted into evidence the Agreement and Unconditional Guaranty that were agreed to and executed by Champ Logistics and Saenz. See Exhibit 1-A. The Agreement is a valid contract between Plaintiff and Champ Logistics and the Unconditional Guaranty is a valid contract between Plaintiff and Saenz. b. Performance by Plaintiff 15. Under the terms of the Agreement, Plaintiff’s predecessor agreed to finance Champ Logistics’ purchase of the Equipment. See Exhibit 1-A. Performance was complete when it did Page 5 of 9 in fact provide financing and pay the third-party vendor for the Equipment. See Pealor Aff. at ¶5. c. Breach by the Defendants 16. Champ Logistics agreed to make timely payments until the debt was paid in full. See Exhibit 1-A. Under the Unconditional Guaranty, Saenz unconditionally guaranteed all of Champ Logistics’ payment obligations to Plaintiff due under the Agreement. Id. Despite its agreement to make payments, Champ Logistics has failed to make the required payments, which is a clear breach of the Agreement. See Pealor Aff. at ¶6; Exhibit 1-A; Exhibit 1-B. Similarly, Saenz has failed to make the required payments on Champ Logistics’ behalf, which is a clear breach of the Unconditional Guaranty. Id. Under Texas law, enforcement of the Unconditional Guaranty against Saenz is premised solely on Champ Logistics’ default; Plaintiff has no duty to first seek payment from Champ Logistics. Corona, 245 S.W.3d at 81. Further, Saenz agreed that Plaintiff had no such duty when he executed the Unconditional Guaranty. See Exhibit 1-A. d. Damages Sustained by Plaintiff 17. Plaintiff is the owner and holder of the Agreement and Unconditional Guaranty. See Pealor Aff. at ¶6. After taking into account the amounts owed to Plaintiff under the Agreement, fees and charges, and applying all credits and offsets, Champ Logistics owes an outstanding balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs. Id. at ¶7. As unconditional guarantor of all amounts not paid by Champ Logistics, Saenz is responsible for the same balance. Id. Plaintiff has submitted evidence that Champ Logistics contracted for default interest of 18% per annum. See Exhibit 1-A. Saenz similarly contracted for such interest through execution of the Unconditional Guaranty. Id. Page 6 of 9 18. Because Plaintiff has shown that: 1) Champ Logistics and Saenz executed the Agreement and Unconditional Guaranty; 2) Plaintiff is the owner and holder of the Agreement and Unconditional Guaranty, 3) Plaintiff and its predecessor performed according to its obligations under the Agreement; 4) The condition upon which liability is based occurred when the Agreement went into default for non-payment; and 5) Champ Logistics and Saenz breached the Agreement and Unconditional Guaranty when they failed or refused to perform according to their promises therein, it is clear no genuine issue of material fact exists as to Champ Logistics and Saenz’s breach of and liability under the Agreement and Unconditional Guaranty. Because Plaintiff has shown that, after applying all just credits and offsets, an outstanding balance of $10,725.33 remains on the Agreement as a result of the defendants’ breach, it is clear that no genuine issue of material fact exists as to Champ Logistics and Saenz’s liability for Plaintiff’s actual damages of $10,725.33. Plaintiff is therefore entitled to summary judgment against Champ Logistics and Saenz on its cause of action for breach of contract. II. Plaintiff’s Attorneys’ Fees 19. Under the terms of the Agreement, Champ Logistics agreed to pay Plaintiff’s attorneys’ fees and costs incurred in enforcing its rights under the Agreement. See Exhibit 1-A, section “Default and Remedies”. Likewise, Champ Logistics agreed to pay Plaintiff’s attorney fees and costs incurred in enforcing the Unconditional Guaranty. Id. Plaintiff has submitted summary judgment evidence that it retained counsel to enforce its rights under the Agreement and Unconditional Guaranty via the above-captioned action. See Pealor Aff. at ¶8. According to the Affidavit for Attorney Fees attached hereto as Exhibit 3, Plaintiff has incurred reasonable and necessary attorneys’ fees and court costs in the amount of $4,482.50. Accordingly, should the Page 7 of 9 Court rule that Plaintiff is entitled to summary judgment in the present action, Plaintiff requests that it also be awarded its reasonable and necessary attorneys’ fees and costs. III. Foreclosure of Security Interest and Possession of the Equipment 20. Plaintiff has a security interest in the Equipment. See Exhibit 1-A. Champ Logistics has defaulted in its obligations under the Agreement by failing to make the required payments. Upon default, Plaintiff is permitted to take possession of the Equipment. Accordingly, should this Court rule that Plaintiff is entitled to summary judgment against Champ Logistics in the present action, Plaintiff requests that the Court’s order foreclose Plaintiff’s security interest and order Champ Logistics or any other person in possession of the Equipment to surrender the Equipment to Plaintiff. VII. CONCLUSION By reason of the evidence and authorities set forth above, Plaintiff has demonstrated that no genuine issues of material fact exist as to its breach of contract claims against Defendants Champ Logistics and Saenz. WHEREFORE, Plaintiff hereby requests that the Court render judgment as follows: 1. That Plaintiff’s Traditional Motion for Summary Judgment be granted in its entirety; 2. That the Court adjudge Defendants Champ Logistics and Saenz jointly and severally liable to pay to Plaintiff the entire amount due under the Agreement, including pre- and post-judgment interest; 3. That Plaintiff be awarded its reasonable and necessary attorneys’ fees and costs against Defendants Champ Logistics and Saenz; 4. That the Court award possession of the Equipment to Plaintiff; 5. That Plaintiff be granted all such other and further relief, in law or in equity, to which it may be justly entitled. Page 8 of 9 Respectfully submitted, By: /s/ Ashley B. Smith JARED A. ROUGEAU State Bar No. 24093076 jar@replevin.com REBECCA L. BROWN State Bar No. 24087223 rlb@replevin.com ASHLEY B. SMITH State Bar No. 24117887 abs@replevin.com WRIGHT LAW GROUP, PLLC 12333 Sowden Rd, Ste. B, PMB #84356 Houston, TX 77080-2059 (713) 936 – 9574 (Tel) (713) 936 – 9574 (Fax) E-service Email: txcases@replevinlawfirm.com COUNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing motion was sent as indicated below on July 20 2022. __________ By certified mail; __________ By regular mail; ___XX____ By fax transmission; _ By electronic mail. L. Aron Pena State Bar No. 15739000 Law Office of L. Aron Pena 600 South Closner Edinburg, Texas 78539 Telephone: (956) 383-5311 Facsimile: (956) 380-2722 ATTORNEY FOR DEFENDANTS CMRRRR: /s/ Ashley B. Smith __________________________________ Ashley B. Smith Page 9 of 9 EXHIBIT 1 CAUSE NO. DC-22-00951 DIVERSITAS HOLDINGS LLC § IN THE DISTRICT COURT OF Plaintiff, § § v. § DALLAS COUNTY, TEXAS § CHAMP LOGISTICS, LLC; and JORGE A. § SAENZ aka JORGE SAENZ § Defendants. § 95th JUDICIAL COURT AFFIDAVIT OF JENNIFER PEALOR THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, personally appeared Jennifer Pealor who, being by me duly sworn, states that the following is true and correct, and deposes of his own personal knowledge as follows: 1. “My name is Jennifer Pealor. I am managing member of Diversitas Holdings LLC, Plaintiff in the above-captioned action. By reason of my position at Plaintiff, I am responsible for collection of the account at issue and have personal knowledge of the relevant events of this lawsuit. I am over the age of eighteen (18) and have never been convicted of a felony or other crime of moral turpitude. I am of sound mind, capable of making this affidavit, and have personal knowledge of the true and correct facts herein stated or asserted. I have personal knowledge of and experience with Plaintiff’s accounting practices and software. It is essential to my position that I know how to calculate outstanding balances on delinquent accounts, including principal and interest. 2. In my capacity as managing member of Plaintiff, I am a custodian of Plaintiff’s books, records and files relevant in this case. Plaintiff’s books, records and files relating to this case are kept in my custody and under my direction and supervision in the regular course of business. Plaintiff’s business records concerning this case were made by Plaintiff’s employees in the ordinary course of business at or near the time of the event described or recorded in such records by a person who had personal knowledge of the event being recorded and had a business duty to accurately record such event. I have personally worked on such books, records and files and know them to be accurate and trustworthy. The records attached hereto are the originals or exact duplicates of the originals. 3. Prior to this suit, Champ Logistics, LLC (“Champ Logistics”) entered into Equipment Finance Agreement No. 1207818.301 (the “Agreement”) with Financial Pacific Leasing, Inc. (“Financial Pacific”). A true and correct copy of the Agreement is attached hereto as Exhibit 1-A. 4. In conjunction with the Agreement, defendant Jorge A. Saenz aka Jorge Saenz (“Saenz”) executed a Personal Guaranty, pursuant to which she unconditionally guaranteed payment and Page 1 of 2 performance of all obligations of Champ Logistics due under the Agreement (the “Unconditional Guaranty”). The Unconditional Guaranty is included within the first page of the Agreement. 5. After receiving executed copies of the Agreement and Unconditional Guaranty, Financial Pacific financed Champ Logistics’ purchase of the Equipment. 6. The Agreement thereafter went into default for non-payment. A true and correct Payment History is attached hereto as Exhibit 1-B. Champ Logistics and Saenz have failed to make the payments due as required by the Agreement and Unconditional Guaranty. 7. Plaintiff later acquired all right, title and interest in the Agreement via an Assignment. True and correct copies of the Assignment documents are attached hereto as Exhibit 1-C. The Agreement and Unconditional Guaranty continue to be owned and held by Plaintiff. 8. After taking into account the amounts owed to Plaintiff under the Agreement, fees, and charges, and applying all payments, recoveries, credits and offsets, Champ Logistics and Saenz owe an outstanding balance of $10,725.33, exclusive of attorneys’ fees, interest, and court costs. Said outstanding balance is calculated as follows: Amount due under Agreement: $34,637.76 Remainder Due Per Addendum Dated May 31, 2019: $8,416.07 Post-Addendum Payments Made: ($ 975.00) Default Interest (18%, 8/1/19-1/20/22): $3,284.26 TOTAL: $10,725.33 9. As a result of the defendants’ failures to perform their duties under the Agreement and Unconditional Guaranty, it was necessary for Plaintiff to retain the services of the Wright Law Group, PLLC to enforce those duties via the present suit.” Further affiant sayeth naught. ~ ______________________________ Jennifer Pealor \1"111� ,.,,,'1 MATTHEW WRIGHT ::;�.e Home · one ' X ~ Home Phone# X DELIVERY & ACCEPTANCE YOU CERTIFY THAT THE EQUIPMENT HAS BEEN RECEIVED, YOU HAVE HAD A REASONABLE OPPORTUNITY TO INSPECT IT, YOU HAVE INSPECTED IT AND IT IS SATISFACTORY IN ALL RESPECTS AND IS ACCEPTED. YOU AUTHORIZE US TO PAY THE SUPPLIER($) OF THE EQUIPMENT ANO YOU AGREE THAT THE "ACCEPTANCE DATE" OF THIS AGREEMENT WILL BE ON THE DATE WE MAKE THE FIRST PAYMENT TO A SUPPLIER. YOU AGREE THAT YOU HAVE NOT BEEN INDUCED TO SIGN ANY ASSURANCES BY us OR BY ANYONE asE. CUstomer MEMBER ANO INDIVIDUALLY Date CHAMP LOGISTICS, LLC X Use of Iha terms "you" and "your" In this Agreement refers to Iha Customer and use of Iha t • •us•. and "our" ref8111 to the Secured Party Identified above. You want us to finance your acquisition of the equipment described herein, togelhar with any replace t parts, additions, or accessories now or hereafter Incorporated In or affixed (colledlvaty, Iha "Equipment"). You hereby promise to pay all amounts described In this Ag ent and perfonn pursuant to Its terms and conditions. 1. NO WARRANTIES; ABSOLUTE OBLIGATION. You have selected the Equipment and Iha suppller and you acknowledge that we have not participated In manufacturing, selecting, or supplying Iha Equipment and we do not represent Iha manufacturer or supplier, and you agree that we are financing the Equipment •As 1s•. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DESIGN, CONDmON, CAPACITY, SUITABILITY, PERFORMANCE, MATERIAL OR WORKMANSHIP, PATENT INFRINGMENT, OR OTHERWISE. YOU AGREE THAT REGARDLESS OF CAUSE WE ARE NOT LIABLE FOR ANY LOSS OR INJURY TO YOU OR AtlV THIRD PERSON OR PROPERTY, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR SETOFF AND YOU WILL NOT MAKE ANY SUCH CLAIM AGAINST US. YOU AGREE TO BEAR ALL RISK OF LOSS ASSOCIATED WITH THE EQUIPMENT AND YOU AGREE THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE ABSOLUTE AND UNCONDmONAL AND YOU CANNOT WITHHOLD, BET OFF, OR REDUCE PAYMENTS. 2. SECURITY AGREEMENT. You are the owner of Iha Equipment and you hereby grant us a fitst priority security Interest In and lien upon the Equipment and all Income and proceeds from the Equipment (Including Insurance proceeds). Thia security Interest Is granted to secure Iha timely performance of an of your obllgatlons to us, now existing or later created under lhls Agreement or otherwise, and you shall Insure that such security Interest remains a sole first priority llen. You authorize us to sign and record UCC financing statements and any other documents we deem necessary to confirm our Interest In the Equipment and you agree to pay all filing and processing fees. The Flnant:l«I Paclllc Leasing, Inc., la a eubs/dlary of Umpqua Bank I Prrxtucls offotod lly F/nanclal Pat:lflG Leasing, Inc., are nol FDIC lneutod App# 659132. 08201.sA , EFA Page 1 of 2 Page Agreement Equipment shall remain personal property even .. installed in or affixed to real have under any Industrial 1,,_.,ance law. property. You acknowledge that you have selected the Equipment and supplier and 11. DEFAULT AND REMEDIES. Each of the following will cause you to be in default that - have not participated In any way with your selection. You acknowledge that (a) you faU to pay any amount due under thiS Agreement when due; (b) you fail to we are not affiliated with the supplier or manufacturer of the Equipment and no agent perform or observe any covenant, condition, or obligation stated in this Agreement or of the supplier or manufacturer is authorized to alter this Agreement or act on our any other agreement with us; (c) you become insolvent, you assign your assets for behaH. the benefit of creditors, or you voluntarily or involuntarily become the subject of a 3. TERM. The Initial term is set forth on the first page of this Agreement. The start bankruptcy or reorganization proceeding; (d) any guarantor of this Agreement dies, date of the initial term shall be on the Acceptance Date. The term shall end on the fails to perform its obligations as a guarantor, or becomes subject to one of the events earner of the following: (a) your full performance of each obligation set forth in this listed in (c) above; or (d) we, in good faith. deem ourselves Insecure as a result of a Agreement, including schedules and amendments; or (b) when we terminate this material adverse change in your financial condition or otherwise. H you are ever in Agreement in accord with its terms. default, - may elect one or more of the following remedies with or without notice to 4. PAYMENT; SECURrTY DEPOSIT. You will make an payments required under this you: (1) retain your deposit and all payments made by you; (2) terminate this Agreement when due to us at the address we designate. Payments shaD commence Agreement and any other agreements we have with you; (3) require you to on the Due Date indicated above immediately following the start date of the initial immediately pay us a sum equal to aB unpaid payments for the remainder of this term. You agree lo make a pro rala payment for the period between the start date of Agreement, plus all other amounts due or to become due during the term of this the initial term and the due date of the first fuU payment. If we do not receive a Agreement; (4) require you to promptly return the Equipment to us at your expense; payment when due, you will be charged a late fee of 10% of the total due or $10, (5) enter your property without court order or surety and you waive all daims against whichever Is greater, and an additional late fee will be charged for each month a us including for trespass or damage and foreclose on, repossess, or render the payment remains unpaid. You agree that this late fee is a reasonable estimate of the Equipment unusable; or (6) exercise any other remedy avaaable under applicable law. expense we will incur as a result of a late payment and is not a penalty. You also If we are required to discount any sum payable by you under this Agreement, you agree to pay a charge for each check or ACH returned or dishonored. All amounts agree that the discount rate used shall be 5% per annum. If we take possession of the past due under this Agreement will bear interest at 1.5% per month or the maximum Equipment, - may sell or otherwise dispose of it upon notice required by law at a lawful rate If less. Any security deposit we require shall secure performance of all of public or private sale and apply the net proceeds after deducting all costs and your obligations under this Agreement. In Iha event you default, we may apply the expense (including attomey fees) related to collection and disposition to the amounts security deposit, In which case you agree to restore the security deposit upon 15 you owe us. You will remain responsible for any amount due after we have applied days' written notice. You agree that we may comingle the security deposit with other the net proceeds. You agree that if notice of disposition is required by law, 10 days' funds and that you will not be paid any interest on the security deposit. At the end of notice Is reasonable. You agree we may bid and purchase the Equipment as the term of this Agreement, Including any extension or renewal, provided you have permitted by law. You agree that ail remedies are cumulative and not exclusive and fully performed your obligations under this Agreement, we will return the balance of you will be responsible for all costs and disbursements incurred in the enforcement of the security deposit lo you. our remedies, including attorney fees and costs, whether or not suit becomes 5. EQUIPMENT LOCATION, USE, AND REPAIR. You will keep the Equipment at the necessary, Including those Incurred In connection with an appeal or bankruptcy location designated in this Agreement absent our advance written approval. You proceeding, plus costs incurred in Equipment repossession, redelivery, storage, and agree that we may Inspect the Equipment upon request during normal business repair, and such other charges as are assessed in accordance with our collection hours. You warrant that the Equipment is for commercial purposes only and not for charge schedule. If we delay or rail to enforce any of our rights under this Agreement, consumer, personal, or household purposes. You agree that we have no obligations - will still be entiUed to enforce those rights at a later time. to repair, maintain or replace the Equipment: you agree to maintain the Equipment in 12. ASSIGNMENT. YOU HAVE NO RIGHT TO SELL, PLEDGE. SUBLEASE, proper working order and to bear all expense required. You agree that the Equipment TRANSFER, OR ASSIGN ANY RIGHTS IN THE EQUIPMENT OR THIS will only be used for its intended use, in accord with any insurance policy and AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT. We may assign, manufacturer's warranty covering the Equipment. and In compliance with an laws and pledge or transfer any of our rights hereunder without notice. You agree that if we regulations related to its ownership. use and maintenance. assign, pledge or transfer any of our rights, the assignee will have the same rights 6. TITUNG. If requested by us. you agree to cause any Equipment subject lo tiUe and benefits - had but none of our obligations and will not be subject to any daim, registration laws to be tilled as we direct. You shaU advise us promptly as to any defense, or setolf you may have against us. Following any assignment, the terms necessary retitling and you shaU provide us with aB documents of title within Sixty (60) -we•. •us•. and •our- shall be deemed to include or refer to the assignee. days of the date on any tlUing effected by you. 13. INFORMATION; CREDfT REPORTS. YOU AUTHORIZE US AND OUR 7. TAXES AND FEES. You agree to pay, when due, all taxes and fees relating to the ASSIGNEES TO OBTAIN CREDIT REPORTS AND MAKE CREDIT INQUIRIES AS use, ownership, or possession of the Equipment and all related interest and penalties WE DEEM NECESSARY. We will inform you upon request H we have sought a and to pay all other obligations which may ena,mber the Equipment, and provide us consumer credit report and the name and address of any credit reporting agency that with written proof of payment on request. provided a report. You agree that we may request and use additional credit reports to 8. RISK OF LOSS. You are responsible for any loss. theft of, or damage to, the update our Information without further notice to you as long as you have obligations Equipment from any cause ("Loss") regardless of whether the Loss is insured. A Loss under this Agreement. Upon our request, you agree to provide us with statements will not relieve you of your payment obligations under this Agreement. In the event of setting forth your financial condition and operations. You warrant that all information a Loss, you shall promptly notify us and place the Equipment in good repair, condition you have and will deliver to us, Including the information in this Agreement, is true, and working order. provided, however, if we determine the Equipment is lost, stolen, accurate and correct and you acknowledge that we are relying on such inf0ffll8tion to destroyed, damaged beyond repair, or is a constructive total loss under an insurance enter into this Agreement. policy, you shall pay us the remaining payments due under this Agreement 14. LIMITED AMENDMENTS. You authorize us to amend this Agreement without discounted to present value al a discount rate of 5% as of the date of Loss as notice to you if it is necessary to supply missing information, correct obvious errors, or determined by us, plus all other amounts due to us under this Agreement as of the reflect a change In the following: (a) the descrlpUon of the Equipment, (b) the date of Loss. applicable sales tax rate, or (c) a change in the amount financed, not to exceed $10 9. INSURANCE. You agree to obtain and maintain at your expense property or 10% per payment, whichever is greater. Insurance for the full replacement value of the Equipment, protecting the Equipment 15. LAW; JURISDICTION. ALL MATTERS RELATED TO THIS AGREEMENT ARE against Loss, and liability Insurance, In en amount acceptable to us. but In no event GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON AND YOU less than $500,000 covering any Injury, death or third-party property damage arising CONSENT TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT IN out of or relating lo use of the Equipment. If the Equipment must be titled under title WASHINGTON. YOU AGREE THAT AT OUR SOLE OPTION THE VENUE FOR registration laws ("Mobile") then you shall obtain and maintain all risk physical ANY ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE damage insurance. All insurance policies must name us as an additional insured and IN KING COUNTY, WASHINGTON. YOU AGREE THAT WE HAVE THE OPTION OF must provide that no cancellation shaU be effective without thirty (30) days' prior COMMENCING AN ACTION IN ANY COURT HAVING JURISDICTION OVER THE written notice lo us. At our request, you agree to name any party who may have a SUBJECT MATTER ANO PARTIES. EACH PARTY WAIVES ANY RIGHT TO A security interest in the Equipment as Lender's Loss Payee. You agree lo provide JURY TRIAL ANO THE DEFENSE OF INCONVENIENT FORUM. proof of insurance to us upon request. You hereby grant us a limited power of 16. NOTICES. Notices shall be in writing and may be delivered by regular U.S. mail attorney allowing us to make a claim for, receive payment on, and endorse or execute postage prepaid, at the respective addresses set forth above or al such other address for our benefit any Instrument representing proceeds from any policy issued on the as a party may provide by written nolioe. Notice shall be effective when deposited in Equipment. IF YOU FAIL TO PROVIDE PROOF OF INSURANCE ACCEPTABLE TO the mail. You a!Jf88 to promptly notify us of any change to your address. US, WE HAVE THE RIGHT BUT NOT THE OBLIGATION TO SECURE INSURANCE 17. COUNTERPARTS. This Agreement and any document pertaining to this IN SUCH FORM AND AMOUNT AS WE DEEM NECESSARY AND YOU AGREE Agreement may be executed In counterpartS and the eledronic bansmlssion of such THAT IN ADDmON TO INSURANCE PREMIUMS WE MAY CHARGE YOU document shall have the same force and effect as delivery of an original. INTEREST AT 1.5% PER MONTH ANO/OR AN ADMINISTRATIVE FEE WHICH 18. MISCELLANEOUS. This Agreement represents the entire agreement between MAY RESULT IN A PROFIT TO US. YOU UNDERSTAND THAT IF WE PROCURE you and us regarding the Equipment. This Agreement and any amendment to it are INSURANCE YOU MAY PAY MORE THAN IF YOU HAD PROCURED INSURANCE not binding until signed by both parties. unless othefwise provided herein. The waiver ANO THE INSURANCE MAY NOT NAME YOU AS AN INSURED AND MAY NOT of any terms or condltlons of this Agreement must be in writing and signed by us. If FULLY PROTECT YOU IN THE EVENT OF A LOSS. YOU AGREE THAT DISPUTES more than one customer has signed this Agreement, each of you agree that your REGARDING INSURANCE OR FEES CHARGED FOR PROCURING INSURANCE liability Is joint and several. By signing this Agreement, you acknowledge that you WILL BE DETERMINED BY ARBITRATION CONDUCTED IN SEAlTt.E, have read and understand its terms and conditions and you are authorized to bind the WASHINGTON UNDER THE RULES OF THE AMERICAN ARBITRATION Customer to the obligations set forth in this Agreement. If any part of this Agreement ASSOCIATION. is found to be Invalid, then such part shall be considered severable and Inapplicable 10. INDEMNIFICATION. You are responsible for and agree to indemnify, defend, and but shall not Invalidate the remainder of the Agreement. You authorize us to hold harmless us and our officers, directors, shareholders, employees. and agents communicate with you through electronic means. lime is of the essence of this from and against any losses, damages, claims, penalties, suits, actions, and Agreement. All of our rights under this Agreement shall survive its termination or expenses, including altomey fees, arising out of or related to the Equipment, whether expiration. ORAL AGREEMENT OR ORAL COMMITMENTS TO LOAN MONEY, based on a theory of strict liability or otheiwlse. Your duties under this section shall EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A survive termination or expiration of this Agreement. You waive any immunity you may DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Financial Pacific Lessing, Inc., Is o :subs/dillfY of Umpqua Bank IProductfl oHeted by Financial Psdllt: l..iias/ng, Inc., aro not FOIC lnsurod App# 659132, 082015A, EFA Page 2 of 2 Page Agreement EQUIPMENT LIST Vendor: AzjorTruck and Equipment Address:1513 W Expressway 83, Alamo Tx 78516 Model: 2004 Volvo VNL 660 Vin#:4V4NC9TG74N362995 AN ELECTRONIC VERSION OF THIS DOCUMENT SHALL BE CONSIDERED AN ORIGINAL CUSTOMERi.C P LOGISTICS, LLC BY: X JO Z ITS: ME BER AND INDIVIDUALLY DATE: OL.\-;;;).\.o-\lo Financial Pacific Leasing. Inc., Is a subsia,a,y of Umpqua Bank I Products olfarod by Financial Pacif,c Leasing, Inc.. am ncl FDIC insurod App# 659132. 102014A, EFA Page 1 of 1 Page Equipment List Exhibit 1-B CMAINT.11 Lease Contract Maintenance 01/13/2021 Payment History Inquiry Contract. 001-1207818-301 CHAMP LOGISTICS, LLC Trans Type Check/Memo Date Due Date Rcvd Amount Rcvd Tot Rental 0001) 8327660 over 08/01/19 12/30/20 297.64 297.64 0002) 7476092 Over 6302475930 07/01/19 09/30/19 650.00 650.00 0003) 7425283 Over 6302459767 07/01/19 08/29/19 325.00 325.00 0004) 7167511 Stand 6302372013 03/01/19 03/25/19 1,525.99 1,449.83 0005) 7089599 Over 6302344319 02/01/19 02/05/19 731.62 721.62 0006) 7066586 Over 6302337079 01/01/19 01/23/19 803.77 721. 62 0007) 6998495 Over 6302313629 12/01/18 12/12/18 721.40 721.40 0008) 6946985 Stand 6302295571 11/01/18 11/12/18 794.00 721. 84 0009) 6898359 Over 6302277349 10/01/18 10/10/18 793.05 720.95 0010) 6848450 Stand 6302259964 09/01/18 09/11/18 782.00 710.97 0011) 6798506 Stand 6302242682 08/13/18 80.00 11. 32 0012) 6793001 Stand 6302240031 08/01/18 08/07/18 720.00 716.98 0013) 6740551 Stand 6302221592 07/01/18 07/05/18 725.99 725.99 0014) 6695678 Stand 6302205567 06/01/18 06/08/18 783.00 711.84 0015) 6642793 Stand 6302185409 05/01/18 05/04/18 725.99 725.99 0016) 6596582 Stand 6302168403 04/01/18 04/06/18 490.99 490.99 Selection More ... CMAINT.11 Lease Contract Maintenance 01/13/2021 Payment History Inquiry Contract. 001-1207818-301 CHAMP LOGISTICS, LLC Trans Type Check/Memo Date Due Date Rcvd Amount Rcvd Tot Rental 0017) 6554703 Stand 6302151812 03/14/18 225.00 225.00 0018) 6544306 Stand 6302147813 03/01/18 03/05/18 725.99 725.99 0019) 6504420 Stand 6302133396 02/01/18 02/12/18 800.00 727.90 0020) 6455238 Stand 6302115540 01/01/18 01/11/18 790.00 718.24 0021) 6407524 Stand 6302098406 12/01/17 12/11/17 789.00 717.64 0022) 6358944 Stand 6302081478 11/01/17 11/09/17 793.00 721. 64 0023) 6310631 Stand 6302064146 10/01/17 10/10/17 740.00 673.45 0024) 6259737 Stand 6302043682 09/01/17 09/05/17 688.25 688.25 0025) 6215194 Stand 6302026678 08/01/17 08/03/17 777.77 777.77 0026) 6170552 Stand 6302010202 07/01/17 07/05/17 725.75 725.75 0027) 6127306 Stand 6301994505 06/01/17 06/05/17 750.00 750.00 0028) 6084067 Stand 6301978863 05/01/17 05/04/17 722.50 722.50 0029) 6037939 Over 6301960784 04/01/17 04/03/17 721.62 721.62 0030) 5995971 Over 6301945197 03/01/17 03/03/17 717.49 717.49 0031) 5953602 Stand 6301928840 02/01/17 02/02/17 725.75 725.75 0032) 5911053 Over 6301913667 01/01/17 01/03/17 721.62 721. 62 Selection More ... CMAINT.11 Lease Contract Maintenance 01/13/2021 Payment History Inquiry Contract. 001-1207818-301 CHAMP LOGISTICS, LLC Trans