PNC Bank, National Association v. Viewpoint Global LLC

CourtDistrict Court, D. Minnesota
DecidedSeptember 4, 2025
Docket0:25-cv-00903
StatusUnknown

This text of PNC Bank, National Association v. Viewpoint Global LLC (PNC Bank, National Association v. Viewpoint Global LLC) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PNC Bank, National Association v. Viewpoint Global LLC, (mnd 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

PNC Bank, National Association, successor File No. 25-cv-903 (ECT/DJF) by merger to PNC Equipment Finance, LLC d/b/a Hyundai Translead Trailer Finance,

Plaintiff,

v. OPINION AND ORDER

Viewpoint Global LLC and Andrew Arumba,

Defendants. ________________________________________________________________________ Terrance J. Wagener, Messerli & Kramer P.A., Minneapolis, MN, for Plaintiff PNC Bank, National Association. ________________________________________________________________________ In this breach-of-contract and replevin action, Plaintiff PNC Bank alleges that Defendant Viewpoint Global LLC failed to make timely payments on loans made to finance Viewpoint’s purchase of seven trailers. Defendant Andrew Arumba is Viewpoint’s sole member, and he personally guaranteed the loans. PNC seeks entry of a default judgment against Viewpoint and Mr. Arumba. The motion will be granted, though not exactly as PNC requests. The basic process for determining whether a default judgment should be entered is straightforward. The entry of default means that “the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true.” 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure: Civil § 2688.1 (4th ed. & May 2025 update) (footnotes omitted). Next, it must be determined whether the taken-as-true factual allegations of the complaint “constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” Marshall v.

Baggett, 616 F.3d 849, 852 (8th Cir. 2010) (quoting Murray v. Lene, 595 F.3d 868, 871 (8th Cir. 2010)). If the taken-as-true allegations of the complaint constitute a legitimate cause of action, then the amount of the default judgment must be ascertained. Hagen v. Sisseton-Wahpeton Cmty. Coll., 205 F.3d 1040, 1042 (8th Cir. 2000)). Start with the amended complaint’s taken-as-true factual allegations. On or about April 19, 2021, PNC and Viewpoint entered into a financing agreement. Am. Compl. [ECF

No. 5] ¶ 9; ECF No. 1-2. Under the financing agreement, PNC would finance Viewpoint’s acquisition of seven trailers sold by Hyundai Translead, Inc.,1 and Viewpoint would pay PNC seventy-two consecutive monthly payments of $3,807.59 plus taxes. Am. Compl. ¶¶ 9–10; ECF No. 1-2 at 1. PNC obtained a security interest in the trailers. Am. Compl. ¶ 11; see ECF No. 1-2 ¶ 6. PNC perfected its security interest “by recording its lien on the

Certificates of Title for the Equipment.” Am. Compl. ¶ 12; see ECF No. 1-3 (showing recorded liens on each trailer). Mr. Arumba also executed a personal guaranty of Viewpoint’s obligations under the agreement. Am. Compl. ¶ 13; see ECF No. 1-4. In August 2024, Viewpoint failed to make a loan payment and defaulted. Am. Compl. ¶ 14; see ECF No. 1-2 ¶ 13 (outlining conditions of default, including failure to make timely

payment). Once Viewpoint defaulted, the financing agreement allowed PNC to “declare

1 The vehicle identification numbers for the trailers are 3H3V532K0NJ077001, 3H3V532K2NJ077002, 3H3V532K4NJ077003, 3H3V532K6NJ077004, 3H3V532K8NJ077005, 3H3V532KXNJ077006, and 3H3V532K1NJ077007. Am. Compl. ¶ 9; ECF No. 1-2 at 4; ECF No. 1-3 at 1, 3, 5, 7, 9, 11, 13. due and payable . . . any and all amounts which may be then due and payable by [Viewpoint] to [PNC] under this Loan Agreement, plus . . . all Loan Payments remaining

through the end of the Loan Agreement term, discounted at the higher of 3% or the lowest rate allowed by law.” ECF No. 1-2 ¶ 14. The thirty-four remaining payments with the discount applied total $123,960.33. Am. Compl. ¶ 17. The financing agreement further entitled PNC to prejudgment interest at 18% per annum, $50 in insufficient funds fees, and attorneys’ fees and costs. Am. Comp. ¶¶ 18, 20, 22; see ECF No. 1-2 ¶¶ 3, 14, 19. PNC filed its complaint in this case on March 12, 2025, see ECF No. 1, and the

operative amended complaint on March 19, see ECF No. 5. It asserted five causes of action: breach of contract against Viewpoint, Am. Compl. ¶¶ 23–29; breach of guaranty against Mr. Arumba, id. ¶¶ 30–33; claim and delivery violation under Minnesota law, id. ¶¶ 34–43; and turnover of collateral under Minnesota law, id. ¶¶ 44–49, and (in the alternative) Pennsylvania law, id. ¶¶ 50–55.2 Viewpoint and Mr. Arumba were served by

2 The Amended Complaint accounts for the possibility that Pennsylvania law would apply to this action. See Am. Compl. ¶ 51. This is because the parties agreed that all disputes over the financing agreement would be governed by Pennsylvania law and heard in a state or federal court in Pennsylvania. See ECF No. 1-2 at 1. Defendants have waived their ability to argue a choice-of-law or forum-selection defense. See Hoffman v. Blaski, 363 U.S. 335, 343 (1960) (noting that defenses are waived when not “seasonably” asserted, including on default); Botman Int’l, B.V. v. Int’l Produce Imps., Inc., 205 F. App’x 937, 941 (3d Cir. 2006) (finding defendants waived choice-of-law argument on appeal by failing to raise it at summary judgment); Provision Interactive Techs., Inc. v. Prosperity Invs., LLC, No. CV 18-6547 FMO (FFMx), 2019 WL 6729686, at *2 (C.D. Cal. Oct. 18, 2019) (“[D]efendants waived the subscription agreements’ forum selection clauses by failing to appear in this action.”). Though Minnesota law will be applied, it would make no difference if Pennsylvania law were applied. There is no material difference between Minnesota and Pennsylvania breach-of-contract law. See Park Nicollet Clinic v. Hamann, 808 N.W.2d 828, 833 (Minn. 2011) (Minnesota elements); Meyer, Darragh, Buckler, April 14. ECF No. 8. On May 22, Magistrate Judge Dulce J. Foster ordered PNC to notify Defendants of their duty to respond to the amended complaint, and, if they did not respond,

she ordered PNC to file an application for entry of default. ECF No. 9. Defendants did not respond, PNC applied for entry of default, and the Clerk entered default on July 10. ECF Nos. 13, 17. The next day PNC moved for default judgment. ECF No. 19. PNC seeks judgment against Defendants in the amount of $153,773.14, an order directing Defendants to deliver and surrender the seven trailers, an order allowing PNC to take possession of the trailers, a writ of replevin to the U.S. Marshal or Washington County

Sheriff directing them to use necessary force to take possession of the trailers and deliver the trailers to PNC, and an order allowing PNC to lease or sell the trailers at a public or private sale. ECF No. 19 ¶¶ 1–6; see ECF No. 26 at 1 (updating monetary request). PNC has plausibly alleged breach of contract and breach of guaranty. In Minnesota, breach of contract has three elements: “(1) formation of a contract, (2) performance by

plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann, 808 N.W.2d 828, 833 (Minn. 2011). “A guaranty agreement is interpreted and enforced in the same manner as other contracts.” S.M. Hentges & Sons, Inc. v. Mark Elliot Homes, LLC, No. A22-0736, 2023 WL 125847, at *9 (Minn. Ct. App. Jan. 9, 2023) (citing Am. Tobacco

Co. v. Chalfen, 108 N.W.2d 702

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Related

Hoffman v. Blaski
363 U.S. 335 (Supreme Court, 1960)
Marshall v. Baggett
616 F.3d 849 (Eighth Circuit, 2010)
Murray v. Lene
595 F.3d 868 (Eighth Circuit, 2010)
American Tobacco Co. v. Chalfen
108 N.W.2d 702 (Supreme Court of Minnesota, 1961)
Park Nicollet Clinic v. Hamann
808 N.W.2d 828 (Supreme Court of Minnesota, 2011)

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