PNC Bank, National Association v. Viewpoint Global LLC
- Eric Tostrud
- 0:25-cv-00903
- U.S. District Court · District of Minnesota
- 9
In PNC Bank v. Viewpoint Global, Judge Tostrud granted PNC's motion for default judgment against Viewpoint Global LLC and Andrew Arumba for $153,754.67 plus return of seven trailers.
Businesses and individuals who finance equipment purchases and subsequently default on loan agreements, as well as lenders seeking to recover collateral and damages through default judgment proceedings in federal court.
What happened
PNC Bank, National Association sued Viewpoint Global LLC and its sole member Andrew Arumba after Viewpoint stopped making monthly loan payments in August 2024 on a financing agreement covering seven commercial trailers. Arumba had personally guaranteed the loan. When neither defendant responded to the lawsuit, the court clerk entered a formal default, and PNC moved for a default judgment.
Because the defendants defaulted, the court accepted the complaint's factual allegations as true and found that PNC had adequately established breach of contract by Viewpoint and breach of the personal guaranty by Arumba. The court also found that PNC, as a secured party, was entitled under Minnesota's repossession statute to take possession of the trailers through a court order.
Judge Tostrud granted PNC Bank's motion for default judgment and ordered entry of judgment against both Viewpoint Global LLC and Andrew Arumba for $153,754.67 — covering the discounted remaining loan balance, prejudgment interest at 18% per year, attorneys' fees from two law firms, costs, and a $50 insufficient funds fee. The court also ordered the defendants to immediately surrender the seven trailers, authorized PNC to seize them if the defendants refuse, and permitted PNC to sell or lease the trailers at a public or private sale.
The detailed version
- PNC Bank, National Association v. Viewpoint Global LLC · No. 0:25-cv-00903
- Eric Tostrud
- Sept. 4, 2025
Background
PNC Bank, National Association (successor by merger to PNC Equipment Finance, LLC, doing business as Hyundai Translead Trailer Finance) entered into a financing agreement on or about April 19, 2021 with Viewpoint Global LLC. Under the agreement, PNC financed Viewpoint's purchase of seven Hyundai Composite Dry Van Trailers. Viewpoint agreed to make seventy-two consecutive monthly payments of $3,807.59 plus taxes. PNC obtained and perfected a security interest in the trailers by recording its lien on each trailer's certificate of title. Andrew Arumba, Viewpoint's sole member, executed a personal guaranty of Viewpoint's obligations.
In August 2024, Viewpoint failed to make a loan payment and went into default. The financing agreement permitted PNC upon default to accelerate all remaining payments, discounted at 3%, and also entitled PNC to prejudgment interest at 18% per year, a $50 insufficient funds fee, and attorneys' fees and costs.
PNC filed its complaint on March 12, 2025, and an amended complaint on March 19, 2025, asserting five causes of action: breach of contract against Viewpoint, breach of guaranty against Arumba, claim and delivery under Minnesota law, and turnover of collateral under both Minnesota and (in the alternative) Pennsylvania law. The financing agreement contained a Pennsylvania choice-of-law and forum-selection clause, but since neither defendant appeared, those defenses were found to have been waived. The court applied Minnesota law, noting no material difference between Minnesota and Pennsylvania law on the relevant issues.
Both defendants were served on April 14, 2025. After Magistrate Judge Dulce J. Foster ordered PNC to notify defendants of their duty to respond and they still did not, PNC applied for entry of default, which the Clerk entered on July 10, 2025. PNC moved for default judgment the following day.
Legal Standard for Default Judgment
On default, the factual allegations of the complaint (except as to the amount of damages) are taken as true. The court must determine whether those allegations establish a legitimate cause of action — a defendant in default does not admit mere legal conclusions. If liability is established, the court must ascertain the amount of damages, which the plaintiff must prove to a reasonable degree of certainty. The court may calculate damages from the record without a hearing.
Liability Findings
Breach of Contract and Guaranty
Under Minnesota law, breach of contract requires (1) formation of a contract, (2) plaintiff's performance of conditions precedent, and (3) breach by the defendant. All elements were met: the financing agreement is a valid contract, PNC performed by financing the trailer purchase, and Viewpoint breached by failing to make timely payments. Arumba's personal guaranty is enforced like any other contract, and the same analysis applied. PNC is entitled to default judgment on both claims.
Repossession Claim
Under the Minnesota repossession statute, Minn. Stat. § 336.9-609, a secured party may take possession of collateral after default through judicial process. PNC is a secured party and is entitled, through this court order, to take possession of the trailers. After default, Minn. Stat. § 336.9-610 also authorizes a secured party to sell, lease, or otherwise dispose of the collateral.
Damages
The court reviewed each component of PNC's requested damages:
Principal ($123,960.33)
The financing agreement authorized PNC, upon default, to accelerate and discount the remaining payments at 3%. Thirty-four remaining payments, discounted accordingly, total $123,960.33. This amount was awarded.
Prejudgment Interest ($24,390.87 awarded vs. $24,409.34 requested)
The financing agreement entitled PNC to 18% per annum prejudgment interest from the August 1, 2024 default date. PNC projected entry of judgment on September 3, 2025 (398 days), calculating a per diem rate of $61.33. The court corrected the per diem rate to $61.13 and extended the calculation one additional day to September 4, 2025 (399 days), for a total of $24,390.87.
Messerli & Kramer Fees and Costs ($3,843.47)
Attorney Terrance J. Wagener billed $300/hour for 10.7 hours; he has over fourteen years of experience in equipment finance litigation. Costs of $633.47 covered the filing fee and messenger service. All amounts found reasonable and awarded.
Darcy & Devassy Fees and Costs ($1,510.00)
Shareholder C. Randall Woolley billed $295/hour; he has over twenty years of experience in equipment finance litigation and secured transactions. Two paralegals billed at $145/hour. The firm worked 7.1 hours total. All rates and hours found reasonable and awarded.
NSF (Insufficient Funds) Fee ($50.00)
The financing agreement explicitly authorized a $50 return check or insufficient funds charge. Awarded.
The individual awards sum to $153,754.67 — slightly less than PNC's requested $153,773.14 due to the prejudgment interest correction. PNC had also previously requested late charges and repossession and site visit fees but waived those requests.
Order
The court granted PNC Bank's motion for default judgment. Default judgment was entered against both Viewpoint Global LLC and Andrew Arumba in the amount of $153,754.67. The defendants were ordered to immediately surrender the seven trailers to PNC; if they fail to do so, PNC or its agent is authorized to seize and take possession. PNC may sell or lease the trailers at a public or private sale. PNC's counsel was ordered to serve copies of the order on both defendants by first-class and certified mail.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.