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1 JENNIFER WITHERELL CRASTZ/BAR #185487
HEMAR, ROUSSO & HEALD, LLP
2 15910 Ventura Boulevard
12th Floor
3 Encino, CA 91436
Telephone: (818) 501-3800
4 Facsimile: (818) 501-2985
E-mail: jcrastz@hrhlaw.com
5
Attorneys for Plaintiff
6 BMO BANK N.A.
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN COUNTY
(Main Courthouse – Unlimited)
HEMAR, ROUSSO & HEALD, LLP
11
15910 VENTURA BOULEVARD, 12TH FLOOR
12 BMO BANK N.A. formerly known Case No: BCV 24-100735
as BMO HARRIS BANK N.A.,
ENCINO , CA 91436
13 DECLARATION OF WHITNEY OLIVER
(818) 501-3800
IN SUPPORT OF PLAINTIFF’S
14 Plaintiff, APPLICATIONS FOR WRIT OF
POSSESSION AND TURN OVER ORDER
15 v.
Date: 0D\
16 VIRK TRANS CARRIER INC, a California Time: DP
corporation; GURLAL SINGH aka GURLAL Dept: +
17 VIRK aka GURLAL SINGH VIRK, an individual;
DOES 1-25, inclusive, 1.
18
19 Defendants.
20
21
22 I, WHITNEY OLIVER, declare as follows:
23 1. I am employed as a Litigation Specialist by BMO BANK N.A. formerly known as
24 BMO HARRIS BANK N.A. (hereinafter “Plaintiff”). I am one of the custodians of records of my
25 employer as they relate to the obligations of VIRK TRANS CARRIER INC, a California corporation
26 and GURLAL SINGH aka GURLAL VIRK aka GURLAL SINGH VIRK, an individual (sometimes
27 collectively referred to as “Defendants”).
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1
DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 2. All of the acts set forth in this declaration are based on my personal knowledge and/or
2 my personal review of the business records of Plaintiff and, if called upon to do so, I could and would
3 competently testify thereto.
4 3. The records of Plaintiff, attached hereto and from which certain testimony herein is
5 derived, are made in the ordinary course of Plaintiff's business by persons with a business duty to
6 Plaintiff to make such records. The records were made at or near the time of the occurrence of the
7 event which they purport to memorialize.
8 4. Plaintiff’s books and records for Defendants’ accounts herein were kept in the manner
9 described above.
10 5. I have personally reviewed Plaintiff's records as they relate to the instant lawsuit, and
HEMAR, ROUSSO & HEALD, LLP
11 make this declaration based upon that personal review. I have read all the allegations in Plaintiff's
15910 VENTURA BOULEVARD, 12TH FLOOR
12 Complaint and can attest to the truth of the matters stated therein. Plaintiff alleges as follows:
ENCINO , CA 91436
13 Loan and Security Agreement #1001
(818) 501-3800
14 6. On or about April 13, 2021, VIRK entered into a Loan and Security Agreement
15 (“Agreement #1001”) with Plaintiff, for the finance of certain collateral for a term of sixty (60)
16 months, commencing on June 1, 2021. True and correct copies of Agreement #1001 more particularly
17 describing the collateral, along with any amendments, schedules, addenda, or modification agreements
18 thereof, are attached hereto and marked collectively as Exhibit 1, and are incorporated herein by this
19 reference as though fully set forth.
20 7. VIRK breached the terms of Agreement #1001 on August 1, 2023, when it failed to
21 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of
22 Agreement #1001, Plaintiff has declared the entire remaining balance due under Agreement #1001.
23 8. Pursuant to the terms of Agreement #1001, upon VIRK’s default, Plaintiff elected to
24 accelerate the balance of Agreement #1001. Thereafter, VIRK made certain payments to Plaintiff.
25 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply
26 reinstate the past due sums due under Agreement #1001.
27
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2
DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 9. The principal balance of the installment payments due under Agreement #1001 is
2 $48,210.99.
3 10. Pursuant to the terms of Agreement #1001, VIRK is also liable for late fees of $829.00,
4 as well as repossession charges of $500.00 plus additional charges to be incurred in an amount
5 according to proof.
6 11. At the time of the default, unpaid interest in the amount of $443.94 was due at the non-
7 default rate of 11.05% per annum, and interest at said rate accrued in the amount of $2,190.40 through
8 the date of acceleration on December 29, 2023.
9 12. Thereafter, interest began accruing at the default rate of 18% per annum which will
10 continue to accrue until the date of judgment.
HEMAR, ROUSSO & HEALD, LLP
11 13. No part of said sums have been paid, although demand, therefor, has been made.
15910 VENTURA BOULEVARD, 12TH FLOOR
12 14. Agreement #1001 also provides for the payment of reasonable attorney’s fees should
ENCINO , CA 91436
13 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of
(818) 501-3800
14 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to
15 reasonable attorney’s fees as determined by the Court.
16 Loan and Security Agreement #8001
17 15. On or about August 16, 2021, VIRK entered into a Loan and Security Agreement
18 (“Agreement #8001”) with Plaintiff, for the finance of certain collateral for a term of sixty (60)
19 months, commencing on October 1, 2021. True and correct copies of Agreement #8001 more
20 particularly describing the collateral, along with any amendments, schedules, addenda, or modification
21 agreements thereof, are attached hereto and marked collectively as Exhibit 2, and are incorporated
22 herein by this reference as though fully set forth.
23 16. VIRK breached the terms of Agreement #8001 on September 1, 2023, when it failed to
24 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of
25 Agreement #8001, Plaintiff has declared the entire remaining balance due under Agreement #8001.
26 17. Pursuant to the terms of Agreement #8001, upon VIRK’s default, Plaintiff elected to
27 accelerate the balance of Agreement #8001. Thereafter, VIRK made certain payments to Plaintiff.
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply
2 reinstate the past due sums due under Agreement #8001.
3 18. The principal balance of the installment payments due under Agreement #8001 is
4 $104,846.84.
5 19. Pursuant to the terms of Agreement #8001, VIRK is also liable for late fees of
6 $1,676.500, as well as repossession charges to be incurred in an amount according to proof.
7 20. At the time of the default, unpaid interest in the amount of $958.86 was due at the non-
8 default rate of 10.97% per annum, and interest at said rate accrued in the amount of $3,770.10 through
9 the date of acceleration on December 29, 2023.
10 21. Thereafter, interest began accruing at the default rate of 18% per annum which will
HEMAR, ROUSSO & HEALD, LLP
11 continue to accrue until the date of judgment.
15910 VENTURA BOULEVARD, 12TH FLOOR
12 22. No part of said sums have been paid, although demand, therefor, has been made.
ENCINO , CA 91436
13 23. Agreement #8001 also provides for the payment of reasonable attorney’s fees should
(818) 501-3800
14 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of
15 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to
16 reasonable attorney’s fees as determined by the Court.
17 Loan and Security Agreement #0001
18 24. On or about December 9, 2021, VIRK entered into a Loan and Security Agreement
19 (“Agreement #0001”) with Plaintiff, for the finance of certain collateral for a term of forty-eight (48)
20 months, commencing on January 9, 2022. True and correct copies of Agreement #0001 more
21 particularly describing the collateral, along with any amendments, schedules, addenda, or modification
22 agreements thereof, are attached hereto and marked collectively as Exhibit 3, and are incorporated
23 herein by this reference as though fully set forth.
24 25. VIRK breached the terms of Agreement #0001 on September 9, 2023, when it failed to
25 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of
26 Agreement #0001, Plaintiff has declared the entire remaining balance due under Agreement #0001.
27
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 26. Pursuant to the terms of Agreement #0001, upon VIRK’s default, Plaintiff elected to
2 accelerate the balance of Agreement #0001. Thereafter, VIRK made certain payments to Plaintiff.
3 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply
4 reinstate the past due sums due under Agreement #0001.
5 27. The principal balance of the installment payments due under Agreement #0001 is
6 $61,454.86.
7 28. Pursuant to the terms of Agreement #0001, VIRK is also liable for late fees of
8 $1,148.85, NSF charges of $150.00, as well as repossession charges to be incurred in an amount
9 according to proof.
10 29. Interest at the non-default rate of 11.34% per annum accrued in the amount of
HEMAR, ROUSSO & HEALD, LLP
11 $2,129.60 through the date of acceleration on December 29, 2023.
15910 VENTURA BOULEVARD, 12TH FLOOR
12 30. Thereafter, interest began accruing at the default rate of 18% per annum which will
ENCINO , CA 91436
13 continue to accrue until the date of judgment.
(818) 501-3800
14 31. No part of said sums have been paid, although demand, therefor, has been made.
15 32. Agreement #0001 also provides for the payment of reasonable attorney’s fees should
16 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of
17 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to
18 reasonable attorney’s fees as determined by the Court.
19 Loan and Security Agreement #4001
20 33. On or about December 22, 2021, VIRK entered into a Loan and Security Agreement
21 (“Agreement #4001”) with Plaintiff, for the finance of certain collateral for a term of seventy-two (72)
22 months, commencing on February 1, 2022. True and correct copies of Agreement #4001 more
23 particularly describing the collateral, along with any amendments, schedules, addenda, or modification
24 agreements thereof, are attached hereto and marked collectively as Exhibit 4, and are incorporated
25 herein by this reference as though fully set forth.
26
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 34. VIRK breached the terms of Agreement #4001 on September 1, 2023, when it failed to
2 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of
3 Agreement #4001, Plaintiff has declared the entire remaining balance due under Agreement #4001.
4 35. Pursuant to the terms of Agreement #4001, upon VIRK’s default, Plaintiff elected to
5 accelerate the balance of Agreement #4001. Thereafter, VIRK made certain payments to Plaintiff.
6 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply
7 reinstate the past due sums due under Agreement #4001.
8 36. The principal balance of the installment payments due under Agreement #4001 is
9 $83,267.14.
10 37. Pursuant to the terms of Agreement #4001, VIRK is also liable for late fees of $974.80,
HEMAR, ROUSSO & HEALD, LLP
11 NSF charges of $150.00, as well as repossession charges to be incurred in an amount according to
15910 VENTURA BOULEVARD, 12TH FLOOR
12 proof.
ENCINO , CA 91436
13 38. At the time of the default, unpaid interest in the amount of $693.24 was due at the non-
(818) 501-3800
14 default rate of 9.99% per annum, and interest at said rate accrued in the amount of $2,726.98 through
15 the date of acceleration on December 29, 2023.
16 39. Thereafter, interest began accruing at the default rate of 18% per annum which will
17 continue to accrue until the date of judgment.
18 40. No part of said sums have been paid, although demand, therefor, has been made.
19 41. Agreement #4001 also provides for the payment of reasonable attorney’s fees should
20 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of
21 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to
22 reasonable attorney’s fees as determined by the Court.
23 Plaintiff’s Right to Possession of Its Collateral
24 42. As part of the terms of the Agreement, VIRK granted a security interest in the collateral
25 that Plaintiff agreed to finance. True and correct copies of the certificates of title issued by the
26 applicable state Department of Motor Vehicles, and reflecting Plaintiff’s security interest, are attached
27 collective hereto as Exhibit 5 and incorporated herein by this reference. Upon the defaults by
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 Defendants, Plaintiff was entitled to recover its collateral. However, as of the filing of this Complaint,
2 Plaintiff has been unable to recover certain collateral described below:
3 Year Make/Model Vehicle I.D. No.
4 2022 Great Dane 53' Reefer 1GR1A0623NW401448
5 2022 Great Dane 53' Reefer 1GR1A0623NW406410
6 2022 Great Dane 53' Reefer 1GR1A0625NW406411
7 2019 Freightliner 3AKJHHDR2KSJX0783
8 2022 Great Dane 53' Reefer 1GR1A0627NW402005
9 (the “Collateral”).
10 43. Plaintiff is informed and believes and thereon alleges that the Collateral is in possession
HEMAR, ROUSSO & HEALD, LLP
11 or under the control of the Defendants. Plaintiff is informed and believes and thereon alleges that the
15910 VENTURA BOULEVARD, 12TH FLOOR
12 Collateral is in the possession or under the control of the Defendants, including SINGH, who is the
ENCINO , CA 91436
13 CEO of VIRK, which is a closely held corporation controlled by SINGH. Plaintiff therefore alleges
(818) 501-3800
14 that SINGH maintains physical control of VIRK’s assets including, specifically, the Collateral.
15 44. Plaintiff is informed and believes that the Collateral is currently located at:
16 a. 7211 Breanthouse Street, Bakersfield, California 93311
17 b. 7605 Woodbend Court, Bakersfield, California 93313
18 c. 31348 Santa Maria Drive, Union City, California 94587
19 d. Such other location known to Defendants.
20 45. Pursuant to the terms of the agreement and by virtue of the aforementioned default,
21 Plaintiff is entitled to immediate possession of the Collateral.
22 46. Plaintiff has made demand upon Defendants for the return of the Collateral, however,
23 as of the date hereof, the same has not been delivered to Plaintiff. As a consequence, thereof, the
24 Collateral is wrongfully retained by Defendants.
25 47. The Collateral was not taken from Plaintiff for a tax, assessment, or fine, pursuant to
26 statute, or seized under execution against Plaintiff.
27
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
1 48. By virtue of the wrongful possession of Plaintiff’s personal property by Defendants,
2 Plaintiff is entitled to and demands immediate possession of the Collateral.
3 Value of the Collateral
4 49. As part of my job duties, I am required to familiarize myself with the value of the
5 equipment that is financed or leased by Plaintiff. The present applications involve vehicles that are
6 standard in the industry. The condition of the Collateral is assumed to have been serviced and
7 maintained under normal conditions. I was unable to inspect the actual Collateral and therefore have
8 to assume average wear and tear and usage. I typically rely on external sales data of similar
9 equipment in estimating the value, such as TruckPaper.com and Blackbook.com, along with sales
10 reports from Plaintiff’s auctioneer, Ritchie Bros. Auctions. True and correct copies of the Black Book
HEMAR, ROUSSO & HEALD, LLP
11 reports I obtained regarding the Collateral are attached collectively hereto as Exhibit 6 and
15910 VENTURA BOULEVARD, 12TH FLOOR
12 incorporated herein by this reference. Based thereon, I estimate the total value of the Collateral to be
ENCINO , CA 91436
13 between $220,375 (orderly liquidation value) and $256,700 (fair market value), based upon the
(818) 501-3800
14 foregoing factors.
15 50. The total debt owed by VIRK now exceeds $288,000 and all of the agreements are
16 cross-collateralized. Even using the highest possible value of $256,700, the amount of the total debt
17 exceeds the total value of the Collateral. Therefore, VIRK has no equity in the Collateral.
18 51. I therefore request that this court issue orders granting Plaintiff a Writ of Possession
19 and Turn Over Order against each defendant as to the Collateral.
20 I declare under penalty of perjury under the laws of the State of California that the foregoing is
21 true and correct.
22 13th day of March 2024, at Cedar Rapids, Iowa.
Executed on this _____
23
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____________________________
25 WHITNEY OLIVER
26
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DECLARATION IN SUPPORT OF WRIT OF POSSESSION
EXHIBIT 1
B*'O O rransFortation Finance
I LoAN AND sEcuRrry AGREEMENT
The undersigned debtor, meaning all debtors jointly and severally ("Debtor"), to secure the obligations set forth herein grants to the Lender named below (with its
successors and assigns, "Lender") under the terms and provisions of this agreement (this 'Agreement") a seourity interest in the following property (with all present
and futur€ attachments, accessions, accessories, replacement parts, repairs and additions or substilutions, "Equipment"):
Year Manufacturor Model D€scription Serial Number
53'REFRIGERATED
2022 GREAT DANE 53' REFRIGERATED TRAILER 1GR,lA0623NW401448
TRAILER
2021 THERMO KING s-600 s-600 6001 329682
PAYMENT SCHEDULE USE OF PROCEEDS
Debtor promises to pay Lender principal plus pre.computed lnterost and any Lender is hereby irrevocably authorized and directed to disburse the
administrative fee set fo(h below (the "Total Amount") of $99,478,20 ln 60 proceeds of this Agreement as follows:
installments as follows:
Amount Pavee (NaFre andAddressl
(a) $1,01?37 on JUNE 1,2021 and a like sum on the like date of each month
i rr biffi 6?Tfr t r f u-ii'FEliil-
i
GREAT DANE OF UTAH INC
$15,753.00
(b) ln irregular installments as followst
770 W 2100 S
# of Paymenls Payment Amount Payment Date
Preview
1 JENNIFER WITHERELL CRASTZ/BAR #185487 HEMAR, ROUSSO & HEALD, LLP 2 15910 Ventura Boulevard 12th Floor 3 Encino, CA 91436 Telephone: (818) 501-3800 4 Facsimile: (818) 501-2985 E-mail: jcrastz@hrhlaw.com 5 Attorneys for Plaintiff 6 BMO BANK N.A. 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN COUNTY (Main Courthouse – Unlimited) HEMAR, ROUSSO & HEALD, LLP 11 15910 VENTURA BOULEVARD, 12TH FLOOR 12 BMO BANK N.A. formerly known Case No: BCV 24-100735 as BMO HARRIS BANK N.A., ENCINO , CA 91436 13 DECLARATION OF WHITNEY OLIVER (818) 501-3800 IN SUPPORT OF PLAINTIFF’S 14 Plaintiff, APPLICATIONS FOR WRIT OF POSSESSION AND TURN OVER ORDER 15 v. Date: 0D\ 16 VIRK TRANS CARRIER INC, a California Time: DP corporation; GURLAL SINGH aka GURLAL Dept: + 17 VIRK aka GURLAL SINGH VIRK, an individual; DOES 1-25, inclusive, 1. 18 19 Defendants. 20 21 22 I, WHITNEY OLIVER, declare as follows: 23 1. I am employed as a Litigation Specialist by BMO BANK N.A. formerly known as 24 BMO HARRIS BANK N.A. (hereinafter “Plaintiff”). I am one of the custodians of records of my 25 employer as they relate to the obligations of VIRK TRANS CARRIER INC, a California corporation 26 and GURLAL SINGH aka GURLAL VIRK aka GURLAL SINGH VIRK, an individual (sometimes 27 collectively referred to as “Defendants”). 28 1 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 2. All of the acts set forth in this declaration are based on my personal knowledge and/or 2 my personal review of the business records of Plaintiff and, if called upon to do so, I could and would 3 competently testify thereto. 4 3. The records of Plaintiff, attached hereto and from which certain testimony herein is 5 derived, are made in the ordinary course of Plaintiff's business by persons with a business duty to 6 Plaintiff to make such records. The records were made at or near the time of the occurrence of the 7 event which they purport to memorialize. 8 4. Plaintiff’s books and records for Defendants’ accounts herein were kept in the manner 9 described above. 10 5. I have personally reviewed Plaintiff's records as they relate to the instant lawsuit, and HEMAR, ROUSSO & HEALD, LLP 11 make this declaration based upon that personal review. I have read all the allegations in Plaintiff's 15910 VENTURA BOULEVARD, 12TH FLOOR 12 Complaint and can attest to the truth of the matters stated therein. Plaintiff alleges as follows: ENCINO , CA 91436 13 Loan and Security Agreement #1001 (818) 501-3800 14 6. On or about April 13, 2021, VIRK entered into a Loan and Security Agreement 15 (“Agreement #1001”) with Plaintiff, for the finance of certain collateral for a term of sixty (60) 16 months, commencing on June 1, 2021. True and correct copies of Agreement #1001 more particularly 17 describing the collateral, along with any amendments, schedules, addenda, or modification agreements 18 thereof, are attached hereto and marked collectively as Exhibit 1, and are incorporated herein by this 19 reference as though fully set forth. 20 7. VIRK breached the terms of Agreement #1001 on August 1, 2023, when it failed to 21 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of 22 Agreement #1001, Plaintiff has declared the entire remaining balance due under Agreement #1001. 23 8. Pursuant to the terms of Agreement #1001, upon VIRK’s default, Plaintiff elected to 24 accelerate the balance of Agreement #1001. Thereafter, VIRK made certain payments to Plaintiff. 25 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply 26 reinstate the past due sums due under Agreement #1001. 27 28 2 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 9. The principal balance of the installment payments due under Agreement #1001 is 2 $48,210.99. 3 10. Pursuant to the terms of Agreement #1001, VIRK is also liable for late fees of $829.00, 4 as well as repossession charges of $500.00 plus additional charges to be incurred in an amount 5 according to proof. 6 11. At the time of the default, unpaid interest in the amount of $443.94 was due at the non- 7 default rate of 11.05% per annum, and interest at said rate accrued in the amount of $2,190.40 through 8 the date of acceleration on December 29, 2023. 9 12. Thereafter, interest began accruing at the default rate of 18% per annum which will 10 continue to accrue until the date of judgment. HEMAR, ROUSSO & HEALD, LLP 11 13. No part of said sums have been paid, although demand, therefor, has been made. 15910 VENTURA BOULEVARD, 12TH FLOOR 12 14. Agreement #1001 also provides for the payment of reasonable attorney’s fees should ENCINO , CA 91436 13 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of (818) 501-3800 14 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to 15 reasonable attorney’s fees as determined by the Court. 16 Loan and Security Agreement #8001 17 15. On or about August 16, 2021, VIRK entered into a Loan and Security Agreement 18 (“Agreement #8001”) with Plaintiff, for the finance of certain collateral for a term of sixty (60) 19 months, commencing on October 1, 2021. True and correct copies of Agreement #8001 more 20 particularly describing the collateral, along with any amendments, schedules, addenda, or modification 21 agreements thereof, are attached hereto and marked collectively as Exhibit 2, and are incorporated 22 herein by this reference as though fully set forth. 23 16. VIRK breached the terms of Agreement #8001 on September 1, 2023, when it failed to 24 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of 25 Agreement #8001, Plaintiff has declared the entire remaining balance due under Agreement #8001. 26 17. Pursuant to the terms of Agreement #8001, upon VIRK’s default, Plaintiff elected to 27 accelerate the balance of Agreement #8001. Thereafter, VIRK made certain payments to Plaintiff. 28 3 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply 2 reinstate the past due sums due under Agreement #8001. 3 18. The principal balance of the installment payments due under Agreement #8001 is 4 $104,846.84. 5 19. Pursuant to the terms of Agreement #8001, VIRK is also liable for late fees of 6 $1,676.500, as well as repossession charges to be incurred in an amount according to proof. 7 20. At the time of the default, unpaid interest in the amount of $958.86 was due at the non- 8 default rate of 10.97% per annum, and interest at said rate accrued in the amount of $3,770.10 through 9 the date of acceleration on December 29, 2023. 10 21. Thereafter, interest began accruing at the default rate of 18% per annum which will HEMAR, ROUSSO & HEALD, LLP 11 continue to accrue until the date of judgment. 15910 VENTURA BOULEVARD, 12TH FLOOR 12 22. No part of said sums have been paid, although demand, therefor, has been made. ENCINO , CA 91436 13 23. Agreement #8001 also provides for the payment of reasonable attorney’s fees should (818) 501-3800 14 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of 15 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to 16 reasonable attorney’s fees as determined by the Court. 17 Loan and Security Agreement #0001 18 24. On or about December 9, 2021, VIRK entered into a Loan and Security Agreement 19 (“Agreement #0001”) with Plaintiff, for the finance of certain collateral for a term of forty-eight (48) 20 months, commencing on January 9, 2022. True and correct copies of Agreement #0001 more 21 particularly describing the collateral, along with any amendments, schedules, addenda, or modification 22 agreements thereof, are attached hereto and marked collectively as Exhibit 3, and are incorporated 23 herein by this reference as though fully set forth. 24 25. VIRK breached the terms of Agreement #0001 on September 9, 2023, when it failed to 25 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of 26 Agreement #0001, Plaintiff has declared the entire remaining balance due under Agreement #0001. 27 28 4 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 26. Pursuant to the terms of Agreement #0001, upon VIRK’s default, Plaintiff elected to 2 accelerate the balance of Agreement #0001. Thereafter, VIRK made certain payments to Plaintiff. 3 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply 4 reinstate the past due sums due under Agreement #0001. 5 27. The principal balance of the installment payments due under Agreement #0001 is 6 $61,454.86. 7 28. Pursuant to the terms of Agreement #0001, VIRK is also liable for late fees of 8 $1,148.85, NSF charges of $150.00, as well as repossession charges to be incurred in an amount 9 according to proof. 10 29. Interest at the non-default rate of 11.34% per annum accrued in the amount of HEMAR, ROUSSO & HEALD, LLP 11 $2,129.60 through the date of acceleration on December 29, 2023. 15910 VENTURA BOULEVARD, 12TH FLOOR 12 30. Thereafter, interest began accruing at the default rate of 18% per annum which will ENCINO , CA 91436 13 continue to accrue until the date of judgment. (818) 501-3800 14 31. No part of said sums have been paid, although demand, therefor, has been made. 15 32. Agreement #0001 also provides for the payment of reasonable attorney’s fees should 16 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of 17 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to 18 reasonable attorney’s fees as determined by the Court. 19 Loan and Security Agreement #4001 20 33. On or about December 22, 2021, VIRK entered into a Loan and Security Agreement 21 (“Agreement #4001”) with Plaintiff, for the finance of certain collateral for a term of seventy-two (72) 22 months, commencing on February 1, 2022. True and correct copies of Agreement #4001 more 23 particularly describing the collateral, along with any amendments, schedules, addenda, or modification 24 agreements thereof, are attached hereto and marked collectively as Exhibit 4, and are incorporated 25 herein by this reference as though fully set forth. 26 27 28 5 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 34. VIRK breached the terms of Agreement #4001 on September 1, 2023, when it failed to 2 make the monthly installment then due and owing. As a result thereof, pursuant to the terms of 3 Agreement #4001, Plaintiff has declared the entire remaining balance due under Agreement #4001. 4 35. Pursuant to the terms of Agreement #4001, upon VIRK’s default, Plaintiff elected to 5 accelerate the balance of Agreement #4001. Thereafter, VIRK made certain payments to Plaintiff. 6 However, as a result of the acceleration and demand for payment in full, VIRK has no right to simply 7 reinstate the past due sums due under Agreement #4001. 8 36. The principal balance of the installment payments due under Agreement #4001 is 9 $83,267.14. 10 37. Pursuant to the terms of Agreement #4001, VIRK is also liable for late fees of $974.80, HEMAR, ROUSSO & HEALD, LLP 11 NSF charges of $150.00, as well as repossession charges to be incurred in an amount according to 15910 VENTURA BOULEVARD, 12TH FLOOR 12 proof. ENCINO , CA 91436 13 38. At the time of the default, unpaid interest in the amount of $693.24 was due at the non- (818) 501-3800 14 default rate of 9.99% per annum, and interest at said rate accrued in the amount of $2,726.98 through 15 the date of acceleration on December 29, 2023. 16 39. Thereafter, interest began accruing at the default rate of 18% per annum which will 17 continue to accrue until the date of judgment. 18 40. No part of said sums have been paid, although demand, therefor, has been made. 19 41. Agreement #4001 also provides for the payment of reasonable attorney’s fees should 20 legal action be instituted to enforce the payment thereof. Plaintiff has retained the Law Offices of 21 HEMAR, ROUSSO & HEALD, LLP for the purpose of this action and is therefore entitled to 22 reasonable attorney’s fees as determined by the Court. 23 Plaintiff’s Right to Possession of Its Collateral 24 42. As part of the terms of the Agreement, VIRK granted a security interest in the collateral 25 that Plaintiff agreed to finance. True and correct copies of the certificates of title issued by the 26 applicable state Department of Motor Vehicles, and reflecting Plaintiff’s security interest, are attached 27 collective hereto as Exhibit 5 and incorporated herein by this reference. Upon the defaults by 28 6 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 Defendants, Plaintiff was entitled to recover its collateral. However, as of the filing of this Complaint, 2 Plaintiff has been unable to recover certain collateral described below: 3 Year Make/Model Vehicle I.D. No. 4 2022 Great Dane 53' Reefer 1GR1A0623NW401448 5 2022 Great Dane 53' Reefer 1GR1A0623NW406410 6 2022 Great Dane 53' Reefer 1GR1A0625NW406411 7 2019 Freightliner 3AKJHHDR2KSJX0783 8 2022 Great Dane 53' Reefer 1GR1A0627NW402005 9 (the “Collateral”). 10 43. Plaintiff is informed and believes and thereon alleges that the Collateral is in possession HEMAR, ROUSSO & HEALD, LLP 11 or under the control of the Defendants. Plaintiff is informed and believes and thereon alleges that the 15910 VENTURA BOULEVARD, 12TH FLOOR 12 Collateral is in the possession or under the control of the Defendants, including SINGH, who is the ENCINO , CA 91436 13 CEO of VIRK, which is a closely held corporation controlled by SINGH. Plaintiff therefore alleges (818) 501-3800 14 that SINGH maintains physical control of VIRK’s assets including, specifically, the Collateral. 15 44. Plaintiff is informed and believes that the Collateral is currently located at: 16 a. 7211 Breanthouse Street, Bakersfield, California 93311 17 b. 7605 Woodbend Court, Bakersfield, California 93313 18 c. 31348 Santa Maria Drive, Union City, California 94587 19 d. Such other location known to Defendants. 20 45. Pursuant to the terms of the agreement and by virtue of the aforementioned default, 21 Plaintiff is entitled to immediate possession of the Collateral. 22 46. Plaintiff has made demand upon Defendants for the return of the Collateral, however, 23 as of the date hereof, the same has not been delivered to Plaintiff. As a consequence, thereof, the 24 Collateral is wrongfully retained by Defendants. 25 47. The Collateral was not taken from Plaintiff for a tax, assessment, or fine, pursuant to 26 statute, or seized under execution against Plaintiff. 27 28 7 DECLARATION IN SUPPORT OF WRIT OF POSSESSION 1 48. By virtue of the wrongful possession of Plaintiff’s personal property by Defendants, 2 Plaintiff is entitled to and demands immediate possession of the Collateral. 3 Value of the Collateral 4 49. As part of my job duties, I am required to familiarize myself with the value of the 5 equipment that is financed or leased by Plaintiff. The present applications involve vehicles that are 6 standard in the industry. The condition of the Collateral is assumed to have been serviced and 7 maintained under normal conditions. I was unable to inspect the actual Collateral and therefore have 8 to assume average wear and tear and usage. I typically rely on external sales data of similar 9 equipment in estimating the value, such as TruckPaper.com and Blackbook.com, along with sales 10 reports from Plaintiff’s auctioneer, Ritchie Bros. Auctions. True and correct copies of the Black Book HEMAR, ROUSSO & HEALD, LLP 11 reports I obtained regarding the Collateral are attached collectively hereto as Exhibit 6 and 15910 VENTURA BOULEVARD, 12TH FLOOR 12 incorporated herein by this reference. Based thereon, I estimate the total value of the Collateral to be ENCINO , CA 91436 13 between $220,375 (orderly liquidation value) and $256,700 (fair market value), based upon the (818) 501-3800 14 foregoing factors. 15 50. The total debt owed by VIRK now exceeds $288,000 and all of the agreements are 16 cross-collateralized. Even using the highest possible value of $256,700, the amount of the total debt 17 exceeds the total value of the Collateral. Therefore, VIRK has no equity in the Collateral. 18 51. I therefore request that this court issue orders granting Plaintiff a Writ of Possession 19 and Turn Over Order against each defendant as to the Collateral. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct. 22 13th day of March 2024, at Cedar Rapids, Iowa. Executed on this _____ 23 24 ____________________________ 25 WHITNEY OLIVER 26 27 28 8 DECLARATION IN SUPPORT OF WRIT OF POSSESSION EXHIBIT 1 B*'O O rransFortation Finance I LoAN AND sEcuRrry AGREEMENT The undersigned debtor, meaning all debtors jointly and severally ("Debtor"), to secure the obligations set forth herein grants to the Lender named below (with its successors and assigns, "Lender") under the terms and provisions of this agreement (this 'Agreement") a seourity interest in the following property (with all present and futur€ attachments, accessions, accessories, replacement parts, repairs and additions or substilutions, "Equipment"): Year Manufacturor Model D€scription Serial Number 53'REFRIGERATED 2022 GREAT DANE 53' REFRIGERATED TRAILER 1GR,lA0623NW401448 TRAILER 2021 THERMO KING s-600 s-600 6001 329682 PAYMENT SCHEDULE USE OF PROCEEDS Debtor promises to pay Lender principal plus pre.computed lnterost and any Lender is hereby irrevocably authorized and directed to disburse the administrative fee set fo(h below (the "Total Amount") of $99,478,20 ln 60 proceeds of this Agreement as follows: installments as follows: Amount Pavee (NaFre andAddressl (a) $1,01?37 on JUNE 1,2021 and a like sum on the like date of each month i rr biffi 6?Tfr t r f u-ii'FEliil- i GREAT DANE OF UTAH INC $15,753.00 (b) ln irregular installments as followst 770 W 2100 S # of Paymenls Payment Amount Payment Date