Department 58

Hearing Date: February 15, 2023

Case Name: Galaxy International Purchasing, LLC v. Benjamin Long

Case No.: 22STCV31079

Matter: Default Judgment Application

Moving Party: Plaintiff Galaxy International Purchasing LLC

Responding Party: Unopposed

Tentative Ruling: The Default Judgment Application is granted.

TENTATIVE RULING

The Default Judgment Application is granted in the amount of $35,498.12. This represents $34,958.72 in damages and $539.40 in costs. Counsel for Plaintiff to give notice.

STATEMENT OF CASE

This is a collection case in which Galaxy International Purchasing, LLC (Plaintiff) sues Benjamin Long (Defendant) for breach of contract and account stated. The Complaint alleges that Defendant owes a past-due balance on a loan from the original creditor, WebBank.

The clerk entered default against Defendant on January 19, 2023, and the Doe Defendants were dismissed on January 24.

SUMMARY OF DEFAULT JUDGMENT REQUEST

Compensatory Damages: $34,958.72
Prejudgment Interest (10% per year): N/A
Costs: $539.40
Attorney’s Fees: N/A
Total: $35,498.12

SUBMITTED DOCUMENTS (Cal. Rules of Court, rule 3.1800)

Use of JC Form CIV-100 YES
Dismissal or judgment of non-parties to the judgment YES
Declaration of non-military status for each defendant YES
Summary of the case YES
585(d) declarations/admissible evidence in support YES
Exhibits (as necessary) YES
Interest computation (as necessary) N/A
Cost memorandum YES
Request for attorney fees (Local Rule 3.214) N/A
Proposed judgment YES

DISCUSSION

This case is brought by a company that purchased consumer debt. Under Civil Code section 1788.58, the complaint must allege and contain the following:

(1) That the plaintiff is a debt buyer.

(2) The nature of the underlying debt and the consumer transaction or transactions from which it is derived, in a short and plain statement.

(3) That the debt buyer is the sole owner of the debt at issue, or has authority to assert the rights of all owners of the debt.

(4) The debt balance at charge off and an explanation of the amount, nature, and reason for all post-charge-off interest and fees, if any, imposed by the charge-off creditor or any subsequent purchasers of the debt. This paragraph shall not be deemed to require a specific itemization, but the explanation shall identify separately the charge-off balance, the total of any post-charge-off interest, and the total of any post-charge-off fees.

(5) The date of default or the date of the last payment.

(6) The name and an address of the charge-off creditor at the time of charge off and the charge-off creditor's account number associated with the debt. The charge-off creditor’s name and address shall be in sufficient form so as to reasonably identify the charge-off creditor.

(7) The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior to the sale of the debt. If the debt was sold prior to January 1, 2014, the debtor’s name, and last known address as they appeared in the debt owner’s records on December 31, 2013, shall be sufficient.

(8) The names and addresses of all persons or entities that purchased the debt after charge off, including the plaintiff debt buyer. The names and addresses shall be in sufficient form so as to reasonably identify each such purchaser.

(9) That the debt buyer has complied with Section 1788.52.

(b) A copy of the contract or other document described in subdivision (b) of Section 1788.521 shall be attached to the complaint.

The Complaint has complied with each requirement. Plaintiff alleges that WebBank extended a loan to Defendant, account number ending in *****7711 (“Account”). (Complaint ¶ 6.) Plaintiff is the sole owner of the debt. (¶7.) The debt balance at charge-off was $34,958.72 and the last payment was on September 11, 2020. (¶¶ 8-9.)

The creditor at the time of charge-off was Pagaya AI Debt Selection Grantor Trust 2020-1 (serviced by Lending Club), whose address was 71 Stevenson Street, Suite 300, San Francisco, CA, 94105. (Complaint ¶ 10.) Defendant’s name and address as listed in the Charge-Off Creditor’s records prior to the sale of the Account to Plaintiff is Benjamin Long, 123 S. Figueroa Street, Apt 1005, Los Angeles, CA 90012. (¶ 11.) Plaintiff’s address is 4730 South Ft Apache Rd, Suite 300, Las Vegas, NV 89147 (¶ 12(a).) Finally, Plaintiff alleges compliance with Civil Code §1788.52. (¶ 13.)

Damages

Plaintiff seeks $34,958.72, which represents the outstanding amount of Defendant’s loan. It advances the declaration of Merle H. Worsham, an authorized agent of the company, and includes the following exhibits: (1) Chain of Title documents, (2) Final Balance Statement, and (3) Copy of the contract.

Worsham avers that Plaintiff purchases various portfolios of delinquent accounts from creditors and on January 22, 2021, became the successor in interest to Defendant’s account (Worsham Decl., ¶¶ 3, 5.) The Chain of Title indicates that the prior creditor at the time of charge-off, Pagaya AI Debt Selection Grantor Trust 2020-1 sold the loans to Plaintiff on January 22, 2021. (Id. at Ex. 1.) The Loan Summary indicates that the original loan amount was for $33,625 and the payoff balance as $34,958.72. (Id. at Ex. 3.) The Final Balance Statement shows that the last payment received was on August 11, 2020. (Id. at Ex. 2.) Thus, the Court awards the payoff amount of $34,958.72.

Costs

Plaintiff also requests $539.40 in costs, representing $435 in filing fees, $86.50 in process server’s fees, and $17.90 in e-filing fees. These amounts are authorized under Code of Civil Procedure sections 1033.5, subdivisions (a)(1), (a)(4), and (a)(14). The Court further awards Plaintiff $539.40 in costs.