Judge: Bruce G. Iwasaki, Case: 23STCV13389, Date: 2023-12-13 Tentative Ruling

Case Number: 23STCV13389    Hearing Date: December 13, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             December 13, 2023

Case Name:                Midway Rent a Car, Inc. v. Segal

Case No.:                    23STCV13399

Matter:                        Default Judgment prove-up

Moving Party:             Plaintiff Midway Rent a Car, Inc.

Responding Party:      Unopposed

Tentative Ruling:      The request for default judgment is granted.

            This action arises from a dispute on a car lease. Plaintiff Midway Rent a Car, Inc. (Plaintiff) sued Defendant Kevin Segal (Defendant) asserting a cause of action for breach of two car leases and a related common count. Plaintiff alleges Defendant now owes $57,924.15.

            The Complaint was filed on June 12, 2023. On August 3, 2023, default was entered against Defendant Segal. Does 1-50 have been dismissed.

            Plaintiff now moves for default judgment against Defendant. The request for entry of default judgment is granted.

Discussion

            Plaintiff seeks default judgment in the amount of $62,613.03, which includes $2,142.40 in interest, $498 in costs, and $2,048.48 in attorney fees.

            Plaintiff avers that, on April 14 and April 15 of 2022, Plaintiff entered into two separate car leases with Defendant for a 2019 RR Phantom, VIN SCA688LS IKU105657 (Vehicle 1) and a 2022 Maserati MC20, VIN ZAM24BXA2N0380727 (Vehicle 2). (Hy Decl., ¶ 3.) Thereafter, Defendant fell behind on the required monthly payments and both Vehicles were repossessed; Plaintiff then sold the Vehicles leaving a deficiency balance on Defendant's account in the amount of $32,396.78 for Vehicle 1 and $25,527.37 for Vehicle 2 – for a total of $57,924.15. (Hy Decl., ¶¶ 4-5, Exs. 5-7.) Plaintiff has submitted sufficient evidence to support the breach of the two car leases and the resulting damages.

Further, Plaintiff properly calculates pre-judgment interest in the amount of $2,142.40, accruing at 10% from the date of April 17, 2023 (date of the demand letter) to August 30, 2023. (Hy Decl., ¶ 8, Ex. 7.) Plaintiff also requests costs in the amount of $2,048.48, which complies with LASC 3.214. (Hy Decl., ¶ 9.) Lastly, Plaintiff substantiates the request for reasonable costs in the amount of $498, which includes $435 in clerk’s filing fees, and $63 in service of process fees. (Hy Decl., ¶ 9.)

The request for entry of default judgment is granted.