SAN DIEGO – A national banking association alleges an Oceanside man and a Phoenix company defaulted on a loan.

BMO Harris Bank NA filed a complaint on Jan. 17 in the U.S. District Court for the Southern District of California against Marken Enterprise LLC and Gary Marken alleging breach of contract.

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According to the complaint, the plaintiff alleges that it has suffered contractual money damages as a result of defendants' failure to pay its debt owed from original lender for the purchase of a Freightliner tractor. The plaintiff alleges $221,950.85 is still owed on the principal of the loan.

The plaintiff holds Marken Enterprise LLC and Marken responsible because the defendants allegedly failed to fulfill their obligations under the agreement and failed to pay the amounts due.

The plaintiff seeks judgment in its favor, amount due under the agreements with exact amount to be proven at or before trial, and further relief as shall be just. It is represented by Tuan V. Uong of Reed Smith LLP in Los Angeles.

U.S. District Court for the Southern District of California Case number 3:17-cv-00091

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U.S. District Court for the Southern District of California
221 W Broadway
San Diego, CA - 92101

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