Judge: Bruce G. Iwasaki, Case: 22STCV04337, Date: 2023-01-23 Tentative Ruling

Case Number: 22STCV04337    Hearing Date: January 23, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             January 23, 2023

Case Name:                 Daimler Trust v. Tom Giannis

Case No.:                    22STCV04337

Matter:                        Default Judgment Application

Moving Party:             Plaintiff Daimler Trust

TENTATIVE RULING

The Default Judgment Application is denied, and the Court will set a later hearing for Plaintiff to submit additional documentation.

STATEMENT OF CASE

This is a case for breach of a lease.  Daimler Trust, as serviced by its attorney in fact, Mercedes-Benz Financial Services USA, LLC (Plaintiff) sued Tom Giannis (Defendant) for breach of contract, common count, claim and delivery, and conversion.  Defendant leased a vehicle from Plaintiff and stopped making payments. 

Plaintiff sought a writ of possession of the vehicle; however, on July 29, 2022, the vehicle was recovered and sold at auction.  Plaintiff then dismissed the claim and delivery and conversion causes of action.  In August 2022, the clerk entered default against Defendant.

DISCUSSION

The Complaint alleged $40,494.69 as the amount of claim, but it is unclear how the amount was derived.  Exhibit 7 of the Maduabuchi Declaration indicates that this is the “total clearing amount,” but provides no calculations.  Exhibit 3 indicates that the “Gross Early Termination Amount if $43,945.39, which is based, in part, on the “unpaid adjusted capitalized cost” of $37,719.64. 

Plaintiff should submit additional evidence as to how it arrived at the $40,494.69 figure.