Judge: Bruce G. Iwasaki, Case: 23STCV15156, Date: 2024-02-23 Tentative Ruling
Case Number: 23STCV15156 Hearing Date: February 23, 2024 Dept: 58
Judge Bruce G. Iwasaki
Hearing
Date: February 23, 2024
Case
Name: Affinity Federal
Credit Union v. Moorehead
Case
No.: 23STCV15156
Matter: Default Judgment
prove-up
Moving
Party: Plaintiff Affinity
Federal Credit Union
Responding
Party: Unopposed
Tentative Ruling: The request for default judgment is granted.
The
Complaint alleges causes of action for (1) possession, (2.) conversion, and
(3.) common count for money.
The
Complaint was filed on June 29, 2023. Default was entered as to Defendant Raheem
Malik Moorehead (Defendant) on October 19, 2023.
Plaintiff
Affinity Federal Credit Union now moves for default judgment against Defendant.
Does 1-10 have been dismissed. The request for entry of default judgment is granted.
Discussion
Plaintiff
seeks default judgment in the amount of $39,057.01,
which includes $533.98 in costs, $1,407.71 in attorney fees, and $3,191.60 in
interest.
Plaintiff
submits sufficient evidence to support the amount incurred and owed pursuant to
Defendant’s loan agreement with also provides for a security interest in a 2016
Mercedes-Benz S Class vehicle. (Reedy Decl., ¶¶ 4-5, Ex. A.) Defendant breached
the agreement, damaging Plaintiff in the amount of $33,923.72. (Reedy Decl., ¶ 7,
Ex. B.) Further, Plaintiff substantiates the request for costs in the amount of
$533.98 and attorney fees in the amount of $1,407.71. (CIV-100, ¶ 7; Reedy
Decl., ¶ 8.)
Plaintiff
also seeks prejudgment interest in the amount of $3,191.60, at a rate of 8.70%,
accruing from August 5, 2022 to September 4, 2023. (Pizer Decl., ¶ 2, Ex. A;
Compl., ¶ 11.). Plaintiff’s request for entry of
default judgment in the amount of $39,057.01 is granted.