This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 14:08:11 (UTC).

EVERBANK COMMERCIAL FINANCE, INC. VS. LOVE FREIGHTWAYS, INC.

Case Summary

On 10/12/2016 EVERBANK COMMERCIAL FINANCE, INC filed a Contract - Other Contract lawsuit against LOVE FREIGHTWAYS, INC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET M. BERNAL, TORRIBIO, JOHN A., RAUL A. SAHAGUN, MARGARET MILLER BERNAL, LORI ANN FOURNIER and MASTER CALENDAR. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5860

  • Filing Date:

    10/12/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET M. BERNAL

TORRIBIO, JOHN A.

RAUL A. SAHAGUN

MARGARET MILLER BERNAL

LORI ANN FOURNIER

MASTER CALENDAR

 

Party Details

Plaintiffs

EVERBANK COMMERCIAL FINANCE INC.

TIAA COMMERCIAL FINANCE INC.

Defendants

MAKSIMOVIC ANA

LOVRE NEMO

NEMANJA LOVRE AN

LOVE FREIGHTWAYS INC. A CALIFORNIA CORP

Cross Defendants

GE CAPITAL COMMERCIAL INC.

EVERGREEN COMMERCIAL FINANCE INC.

NAVISTAR CORP

NAVISTAR INC.

NAVISTAR FINANCIAL INC.

Attorney/Law Firm Details

Plaintiff Attorneys

HEMAR ROUSSO & HEALD LLP

KHATCHADOURIAN RAFFI

Defendant Attorneys

IKONTE CHIJIOKE OBINNAYA

IWUCHUKU DON

AKUDINOBI EMMANUEL CHUKWUEMEK

HARRINGTON FOXX DUBROW & CANTER LLP

OGIKE METU CHIKEZIE

 

Court Documents

Unknown

12/16/2016: Unknown

Proof of Service (not Summons and Complaint)

1/17/2017: Proof of Service (not Summons and Complaint)

Notice of Ruling

4/10/2017: Notice of Ruling

Notice of Ruling

6/5/2017: Notice of Ruling

Unknown

6/9/2017: Unknown

Notice of Ruling

6/30/2017: Notice of Ruling

Minute Order

7/31/2017: Minute Order

Unknown

7/31/2017: Unknown

Unknown

8/2/2017: Unknown

Minute Order

8/15/2017: Minute Order

Unknown

8/15/2017: Unknown

Minute Order

11/30/2017: Minute Order

Unknown

12/15/2017: Unknown

Notice

8/13/2018: Notice

Unknown

8/22/2018: Unknown

Order

11/15/2018: Order

Ex Parte Application

3/12/2019: Ex Parte Application

Minute Order

3/13/2019: Minute Order

52 More Documents Available

 

Docket Entries

  • 04/08/2019
  • at 09:30 AM in Department F, Margaret Miller Bernal, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 03/28/2019
  • Order ( on Ex Parte Application for an Order Compelling Depositions of Defendants Nemanja Lovre aka Nemo Lovre, Ana Maksimovic and Person Most Knowledgeable at Love Freightways, Inc. and for the Imposition of Monetary Sanctions in the Amount); Filed by TIAA COMMERCIAL FINANCE, INC. (Plaintiff)

    Read MoreRead Less
  • 03/13/2019
  • at 10:30 AM in Department A; Mandatory Settlement Conference (MSC) - Held

    Read MoreRead Less
  • 03/13/2019
  • at 08:30 AM in Department C; Hearing on Ex Parte Application (for an order compelling deposition of plantiff's PMQ and Request for Production of Documents and for monetary sanctions in the amount of $2000) - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 03/13/2019
  • at 08:30 AM in Department C; Hearing on Ex Parte Application (for an Order Compelling Depositions of Defendants and for the Imposition of Monetary Sanctions) - Held

    Read MoreRead Less
  • 03/13/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Mandatory Settlement Conference (MSC) - Held

    Read MoreRead Less
  • 03/13/2019
  • Certificate of Mailing for (Minute Order (Mandatory Settlement Conference (MSC)) of 03/13/2019); Filed by Clerk

    Read MoreRead Less
  • 03/13/2019
  • Minute Order ( (Mandatory Settlement Conference (MSC))); Filed by Clerk

    Read MoreRead Less
  • 03/13/2019
  • Minute Order ( (Hearing on Ex Parte Application for an order compelling depos...)); Filed by Clerk

    Read MoreRead Less
  • 03/13/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order Compelling Depos...)); Filed by Clerk

    Read MoreRead Less
111 More Docket Entries
  • 11/14/2016
  • Rtn of Service of Summons & Compl; Filed by EVERBANK COMMERCIAL FINANCE, INC. (Plaintiff)

    Read MoreRead Less
  • 10/31/2016
  • Rtn of Service of Summons & Compl; Filed by EVERBANK COMMERCIAL FINANCE, INC. (Plaintiff)

    Read MoreRead Less
  • 10/31/2016
  • Rtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/19/16 Proof of Service by Mail attached ); Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/12/2016
  • Complaint filed-Summons Issued; Filed by EVERBANK COMMERCIAL FINANCE, INC. (Plaintiff)

    Read MoreRead Less
  • 10/12/2016
  • Notice-Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 10/12/2016
  • Summons Filed; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/12/2016
  • Complaint filed-Summons Issued; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 10/12/2016
  • Civil Case Cover Sheet; Filed by EVERBANK COMMERCIAL FINANCE, INC. (Plaintiff); TIAA COMMERCIAL FINANCE, INC. (Plaintiff)

    Read MoreRead Less
  • 10/12/2016
  • Summons; Filed by Plaintiff

    Read MoreRead Less
  • 10/12/2016
  • Notice of Case Management Conference; Filed by Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: VC065860    Hearing Date: March 12, 2020    Dept: SEC

EVERBANK COMMERCIAL FINANCE, INC. v. LOVE FREIGHTWAYS, INC.

CASE NO.: VC065860

HEARING: 03/12/2020

JUDGE: OLIVIA ROSALES

#6

TENTATIVE ORDER

Plaintiff EVERBANK COMMERCIAL FINANCE, INC.’s motion for summary judgment or alternatively summary adjudication is GRANTED. CCP § 437c.

Moving Party to give Notice.

No Opposition has been filed as of March 10, 2020. The Court notes, however, that it has received and considered Defendant’s “Response to Plaintiff’s Separate Statement” and the Declaration of Nemanja Lovre in Support of Opposition to Plaintiff’s Motion for Summary Judgment.

This action for breach of contract was filed by Plaintiff on October 12, 2016. In its Complaint, Plaintiff alleges, in pertinent part, “On or about October 18, 2013, Defendant LOVE FREIGHTWAYS, INC….entered into a written Loan and Security Agreement (hereinafter the ‘Agreement’) with Plaintiff’s predecessor in interest, GE CAPITAL COMMERCIAL, INC. to finance the purchase of three (3) 2012 International Prostar Tractor Trucks.” (Complaint ¶8.) “On or about June 12, 2014, GE CAPITAL COMMERCIAL, INC. sold and assigned all of its rights, title and interest in the Agreement and the Trucks to Plaintiff….” (Complaint ¶11.) “On or about January 10, 2016, and continuing thereafter, Defendants breached the terms of the Agreement by failing to make the monthly payment then due and owing. In addition, Defendants failed and refused and continue to fail and refuse to make any further payments coming due thereunder. [¶] Plaintiff subsequently recovered the Truck with VIN ending in 5296 and sold it in a commercially reasonable manner and recovered net proceeds in the amount of $9,722.50, which ahs been credited to the amounts owing herein. Plaintiff is informed and believes, and thereon alleges, that the Trucks with VIN ending in 5303 and 5330 were subsequently sold at a Mechanic’s Lien Sale, without Plaintiff’s consent or knowledge, and through no fault of Plaintiff, thus rendering said collateral of Plaintiff’s worthless. [¶] Pursuant to the terms of the Agreement, upon Defendants’ default, Plaintiff elected to accelerate the balance due thereunder…. [¶] No party of said sum has been made….” (Complaint ¶¶ 13-16.)

Plaintiff’s Complaint asserts the following causes of action: (1) Breach of Written Agreement; (2) Account Stated; (3) Unjust Enrichment (4) Open Book Account; and (5) Breach of Guaranty.

Although not articulated in a substantive Opposition Brief, it appears as though Defendant is arguing that there can be no breach of contract because the trucks were defective—therefore, Plaintiff/Plaintiff’s assignor has failed to fully perform under the Agreement, and Defendant should owe Plaintiff nothing.

Defendant’s argument lacks merit. As argued in Reply, page one of the Loan and Security Agreement states, in all upper-case print: “LENDER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY, WORKMANSHIP, DESIGN, MERCHANTABILITY, SUITABILITY, OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS O IMPLIED.” (McGovern Decl., Ex. 1.)

The following facts are undisputed: Plaintiff’s assignor and Defendant entered into the Loan and Security Agreement for the purchase of three trucks; the Loan and Security Agreement was assigned to Plaintiff; Defendant received and accepted the three trucks; and Defendant made monthly payments until the time of default.

The Motion for Summary Judgment is GRANTED.