Miscellaneous: TPINE LEASING CAPITAL L.P., A DELAWARE LIMITED PARTNERSHIP VS IQBAL

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                                1   Amtoj S. Randhawa, California Bar No. 301360
     Jessica Jin-Tenney, California Bar No. 328514
 2   Austin Trickey, California Bar No. 339431
     400 Spectrum Center Drive, Suite 280
 3   Irvine, California 92618
     Telephone:      (949) 749-2185
 4   E-Mail:         Amtoj.Randhawa@PrideGroupEnterprises.com
                     Jessica.JinTenney@PrideGroupEnterprises.com
 5                   Austin.Trickey@PrideGroupEnterprises.com

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     Attorney for Plaintiff,
 7   TPINE LEASING CAPITAL L.P.

 8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                                        COUNTY OF KERN

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11   TPINE LEASING CAPITAL L.P., a Delaware          Case No.      BCV-23-103236
     limited partnership,                            Judge:        Hon. Bernard C. Barmann
12                                                   Dept.:        H
                            Plaintiff,
13                                                    DECLARATION OF AMTOJ S.
                       v.                             RANDHAWA IN SUPPORT OF
14                                                    PLAINTIFF’S REQUEST TO USE
     AAMER MUHAMMAD IQBAL, an                         COPIES OF CONTRACT(S) IN SUPPORT
15   individual; and DOES 1-10, inclusive,            OF PLAINTIFF’S REQUEST FOR
                                                      DEFAULT JUDGMENT PURSUANT TO
16                          Defendants.               CODE OF CIVIL PROCEDURE SECTION
                                                      585; [PROPOSED] ORDER
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                                                     Complaint Filed:    September 27, 2023
19                                                   Default Entered:    December 8, 2023
                                                     Trial Date:         Not Assigned
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                                   DECLARATION OF AMTOJ S. RANDHAWA
 1                           DECLARATION OF AMTOJ S. RANDHAWA

 2   I, Amtoj S. Randhawa, declare as follows:

 3          1.      I am an attorney duly licensed to practice law before all courts of the State of

 4   California. I am counsel of record for Plaintiff TPINE LEASING CAPITAL L.P., a Delaware

 5   limited partnership (“Plaintiff”) in the above-captioned action.

 6          2.      I submit this declaration in support of Plaintiff’s request to use true and correct

 7   copies of the commercial Motor Vehicle Lease Agreement(s) and Continuing Personal

 8   Guaranty(ies) referenced in Plaintiff’s operative Complaint (collectively the “Contracts”), in lieu

 9   of the originals, in support of Plaintiff’s application and request for default judgment pursuant to

10   Code of Civil Procedure Section 585 (the “Default Judgment Package”). I have personal knowledge

11   of the matters set forth in this Declaration and if called upon to testify in court, I could and would

12   competently do so.

13          3.      Evidence Code § 1550(a) and (b) state in pertinent part as follows:

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15                  1550(a): If made and preserved as a part of the records of a business,
                    as defined in Section 1270, in the regular course of that business, the
16                  following types of evidence of a writing are as admissible as the
                    writing itself:
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                                                    ...
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                    (2) A photostatic copy or reproduction
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                                                    ...
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                    (b) The Introduction of evidence of a writing pursuant to subdivision
21                  (a) does not preclude admission of the original writing if it is still in
                    existence. A court may require the introduction of a hard copy
22                  printout of the documents.
23          4.      Plaintiff is a business as defined by Evidence Code §1270, which includes “every

24   kind of business…”

25          5.      Furthermore, Plaintiff is presently not in possession of the original copies of the

26   Contracts referenced in Plaintiff’s operative complaint in the above-captioned action. Without

27   divulging attorney-client privileged information and/or confidential information about Plaintiff’s

28   business operations and practices, I can state that the Contracts were scanned into Plaintiff’s secure
                                                      -2-
                                  DECLARATION OF AMTOJ S. RANDHAWA
 1   database and the originals were not maintained.

 2           6.      There are no allegations that the Contracts were altered in any way, are

 3   unenforceable, or are otherwise different from the originals. Furthermore, defendants’ partial and

 4   temporary performance under the Contracts renders any argument regarding the Contracts being

 5   void or voidable moot.

 6           7.      As such, under Evidence Code § 1550, Plaintiff respectfully requests the Court’s

 7   permission to submit true and correct copies of the Contracts as they are maintained in the ordinary

 8   court of business.

 9           8.      The copies of the Contracts Plaintiff intends to submit in support of the Default

10   Judgment Package will be properly authenticated by an employee with personal knowledge of the

11   Contracts, Plaintiff’s secure database(s), and Plaintiff’s record-keeping processes regarding same.

12           9.      Accordingly, and in light of the reasons set forth herein, Plaintiff respectfully

13   requests that this Court allow Plaintiff to use true and correct copies of the Contracts in lieu of the

14   originals in support of the Default Judgment Package.

15           I declare under penalty of perjury under the laws of the State of California that the foregoing

16   is true and correct.

17           Executed March 21, 2024, in Irvine, California.

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20                                                          ____________________________________
                                                                        Amtoj S. Randhawa
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                                                      -3-
                                   DECLARATION OF AMTOJ S. RANDHAWA
 1                                        [PROPOSED] ORDER

 2          This Court, after having reviewed the Declaration of Amtoj S. Randhawa in support of

 3   Plaintiff Tpine Leasing Capital L.P.’s (“Plaintiff”) Request to Use Copies of the Contract(s) at

 4   Issue In Support of Plaintiff’s Application for Default Judgment, hereby orders as follows:

 5          Plaintiff’s request is GRANTED, and Plaintiff is permitted to submit true and correct

 6   copies of the commercial Motor Vehicle Lease Agreement(s) and Continuing Personal

 7   Guaranty(ies) referenced in Plaintiff’s operative Complaint in the above-captioned action, in lieu

 8   of the originals, in support of its request and application for default judgment pursuant to Code of

 9   Civil Procedure section 585.

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11   IT IS SO ORDERED.

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13   DATED: ____________                                   ____________________________________

14                                                            JUDGE OF THE SUPERIOR COURT

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                                                     -4-
                                    DECLARATION OF AMTOJ S. RANDHAWA
                                           PROOF OF SERVICE
 1                    (Tpine Leasing Capital L.P., et al. v Aamer Muhammad Iqbal, et al.)
 2
     STATE OF CALIFORNIA, COUNTY OF ORANGE
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              I am employed in the County of Orange, State of California. I am over the age of 18 and
 4 not a party to the within action. My business address is: 400 Spectrum Center Drive, Suite 280,
     Irvine, California 92618
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         On March 21, 2024, I caused the following document(s) described as:
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         1. DECLARATION OF PRABHPREET KAUR IN SUPPORT OF APPLICATION
 7          FOR DEFAULT JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE
            SECTION 585, SUBDIVISION (D)
 8       2. DECLARATION OF AMTOJ S. RANDHAWA IN SUPPORT OF PLAINTIFF’S
            APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
 9          DEFENDANTS AAMER MUHAMMAD IQBAL
         3. REQUEST FOR COURT JUDGMENT
10       4. REQUEST FOR DISMISSAL OF DOES
         5. PROPOSED COURT JUDGMENT
11       6. DECLARATION OF AMTOJ S. RANDHAWA IN SUPPORT OF USE OF COPIES
            OF CONTRACT
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     to be served on all interested parties in this action as follows:
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                                  Aamer Muhammad Iqbal
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                                  11626 Campus Park Dr
15                                Bakersfield, CA 93311

16         [ ] BY ELECTRONIC TRANSMISSION – by transmitting via e-mail or electronic
   transmission the document(s) listed to person(s) at the email address(es) listed above. No
17 electronic message or other indication that the transmission was unsuccessful was received within
18 a reasonable time after the transmission of the document(s).
19         [ ] BY MAIL - As follows: I am “readily familiar” with the firm’s practice of collection
   and processing correspondence for mailing. Under that practice it would be deposited with U.S.
20 Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the
   ordinary course of business. I am aware that on motion of the party served, service is presumed
21 invalid if postal cancellation date or postage meter date is more than one day after date of deposit
   for mailing in affidavit.
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23           [X] STATE - I declare under penalty of perjury under the laws of the State of California
     that the foregoing is true and correct.
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              Executed on March 21, 2024, at Irvine, California.
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27                                                           Jessica Jin-Tenney
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     USA.606298148.1/2U5
                                                                                     PROOF OF SERVICE