Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ADP Commercial Leasing, LLC v. El Dorado Hills Dodge

May 28, 2009

ADP COMMERCIAL LEASING, LLC, PLAINTIFF,
v.
EL DORADO HILLS DODGE, INC., AND LARRY CARMEAN, DEFENDANTS.



FINDINGS & RECOMMENDATIONS

Plaintiff's motion for entry of default judgment came on for hearing on May 28, 2009. Robert H. Nunnally, Jr. appeared telephonically for plaintiff. No appearance was made for defendants. Upon review of the motion and the supporting documents, upon hearing the arguments of counsel and good cause appearing therefor, THE COURT MAKES THE FOLLOWING FINDINGS AND RECOMMENDATIONS:

Plaintiff ADP, Inc., is a Delaware limited liability company with its principal place of business in New Jersey. ADP Commercial Leasing, LLC, has one member, ADP, Inc., which is a Delaware corporation with its principal place of business in New Jersey. ADP Commercial Leasing, LLC, has its physical corporate headquarters in New Jersey, which administers lease agreements such as the agreement at issue herein, and brought this action for breach of contract and quantum meruit.

Defendant El Dorado Hills Dodge, Inc., is a California corporation with its principal place of business in Shingle Springs, California. Defendant Larry Carmean is a resident of California who resides in Loomis, California.

Plaintiff seeks recovery in excess of $87,682.59.

Jurisdiction is proper under 28 U.S.C. § 1332, diversity jurisdiction. Venue is proper in this district because both defendants are located within the division of this district.

ADP Commercial Leasing, LLC, provides lease agreements for equipment leases. Plaintiff alleges the following: El Dorado Hills Dodge, Inc. ("Dodge") entered into an Equipment Lease 60890-1 with ADP Commercial Leasing, LLC, on or about December 13, 2007. A true and correct copy of the Equipment Lease 60890-1 is attached as Exhibit A to the Complaint. On or about December 13, 2007, Larry Carmean personally guaranteed the obligations of the Equipment Lease Agreement 60890-1 through a personal guaranty also contained in Exhibit A.

On or about December 13, 2007, Dodge entered into an Equipment Lease 60890-2 with ADP Commercial Leasing, LLC. A true and correct copy of the Equipment Lease 60890-2 is attached as Exhibit B to the Complaint. On or about December 13, 2007, Larry Carmean personally guaranteed the obligations of the Equipment Lease Agreement 60890-1 through a personal guaranty also contained in Exhibit B.

On or about January 8, 2008, Larry Carmean signed a Delivery and Acceptance Certificate on behalf of Dodge as to Equipment Lease 60890-1, a true and correct copy of which is appended as Exhibit C to the Complaint. Pursuant to the Lease Agreement, this Delivery and Acceptance Certificate acknowledged full performance by ADP Commercial Leasing, LLC, as lessor.

On or about January 8, 2008, Larry Carmean signed a Delivery and Acceptance Certificate on behalf of Dodge as to Equipment Lease 60890-2, a true and correct copy of which is appended as Exhibit D to the Complaint. This Delivery and Acceptance Certificate acknowledged full performance by ADP Commercial Leasing, LLC, as lessor under the Lease Agreement.

Plaintiff performed all its obligations and duties under the Lease Agreement, and complied with all conditions of the Lease Agreement, and all conditions precedent to the filing of the instant action.

Dodge and Larry Carmean breached their obligation and duties by failing to pay sums due under the Lease Agreement. Defendants breached their duty to continue to utilize the equipment to operate a dealership. Defendant El Dorado Hills Dodge, Inc. is liable to plaintiff for breach of contract. Defendant Larry Carmean is liable to plaintiff on a personal guaranty. Defendants are jointly and severally liable to plaintiff.

Plaintiff alleges that the last payment made by Dodge and Larry Carmean was made on June 30, 2008. Defendants paid only five payments of the sixty payments due on each Lease Agreement. Defendants also failed to pay late charges and sales taxes due.

Plaintiff seeks actual damages in the amount of $87,682.59, the sums remaining due on the two Lease Agreements. Plaintiff avers that defendants paid only five payments of the sixty payments due on each of the agreements.

Pursuant to the express language of the Lease Agreements, the prevailing party is entitled to an award of attorneys fees, costs and expenses arising out of litigation. Plaintiff seeks ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.