PNC EQUIPMENT FINANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY ASSIGNMENT TO ECN FINANCIAL LLC DBA WABASH NAT VS OT TRUCKLINES, INC., A CALIFORNIA CORPORATION, ET AL.

Case No.: 20CMCV00203    

# 7. PNC Equipment Finance, LLC v. OT Trucklines, Inc., et al.

Case No.: 20CMCV00203

Matter on calendar for: writ of possession

Tentative ruling:

Background

This action involves breaches of two written contracts rising from the purchase of ten dry van trailers. On November 30, 2016, Defendant OT Trucklines, Inc. (“OT”) entered into the Loan & Security Agreement (the “ECN Agreement”) with ECN Financial LLC dba Wabash Financial Services (“ECN”) to purchase five (5) 2017 Wabash DVCVHPC Duraplate Dry Van Trailers. ECN thereafter assigned all of its rights, titles, and interests in the ECN Agreement to Plaintiff PNC Equipment Finance LLC (“Plaintiff”). OT breached the terms of the ECN Agreement by failing to make the monthly payments. Defendants Tom Kim (“Kim”) and Molly Hwang (“Hwang”) also executed a Personal Guaranty, guaranteeing all of OT’s obligations under the ECN Agreement. The installment now due, owing, an........