Judge: Bruce G. Iwasaki, Case: 22STCV13250, Date: 2023-02-23 Tentative Ruling



Case Number: 22STCV13250    Hearing Date: February 23, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58


Hearing Date:             February 23, 2023

Case Name:                Credit Corp Solutions, Inc., Assignee of Compass Bank v. Brandon Lee

Case No.:                    22STCV13250

Matter:                        Default Judgment Application

Moving Party:             Plaintiff Credit Corp Solutions, Inc.

Responding Party:      Unopposed

 

Tentative Ruling:      The Default Judgment Application is denied.

 

 

This is a collection case in which Credit Corp Solutions, Inc. (Plaintiff) sues Brandon Lee (Defendant) for breach of contract.  The Complaint alleges that Defendant owes a past-due balance on a loan from the original creditor, Compass Bank.

 

            Plaintiff has not yet obtained the default of Defendant, nor have the Doe Defendants been dismissed.

 

            In addition, there are issues with the provided exhibits in the Fauga Declaration.  Exhibit 2 does not provide any calculation of the requested $27,324,34 amount.  Nor are the numbers properly formatted for the Court to calculate the amount.  Exhibit 3 purports to be a “Bill of Sale” from Compass Bank to Plaintiff as to various “Lot Numbers.”  The document indicates that two lots were sold to Plaintiff: 1013 and 1113.  However, no evidence is submitted that indicates Defendant’s loan was part of these lots.

 

            The Court will continue the hearing on the default judgment for Plaintiff to correct these deficiencies.