Judge: Bruce G. Iwasaki, Case: 23STCV20195, Date: 2024-02-09 Tentative Ruling



Case Number: 23STCV20195    Hearing Date: February 9, 2024    Dept: 58

Judge Bruce G. Iwasaki

Department 58


Hearing Date:             February 9, 2024

Case Name:                Porsche Leasing LTD v. Hua Feng Huang

Matter:                        Default Judgment prove-up

Moving Party:             Plaintiff Porsche Leasing LTD and Porshe Financial Services, Inc.

Responding Party:      Unopposed


Tentative Ruling:      The request for default judgment is granted.




            This action arises from a dispute on a car lease. Plaintiff Porsche Leasing, LTD and Porshe Financial Services, Inc. (Plaintiffs) sued Defendant Hua Feng Huang (Defendant) asserting claims for Possession of Personal Property, Deficiency Judgment, Foreclosure of Security Interest with Deficiency Judgment, Breach of Express Written Contract, Money Lent and Account Stated. Plaintiffs allege Defendant now owes $83,083.29.

           

            The Complaint was filed on August 22, 2023. On October 10, 2023, default was entered against Defendant Hua Feng Huang. Does 1-10 have been dismissed.

 

            Plaintiffs now move for default judgment against Defendant. The request for entry of default judgment is granted.

 

Discussion

 

            Plaintiffs seek default judgment in the amount of $83,083.29, which includes $5,804.45 in interest, $531.88 in costs, and $2,551.67 in attorney fees.

 

            Plaintiffs avers that, on January 24, 2023, Defendant entered into a car lease with Rusnak Pasadena Porsche for a 2023 Porsche Macan S (Vehicle Identification Number WP1AG2A51PLB36490) (Vehicle). (Parker Decl., ¶ 3, Ex. A.) On that same day, Rusnak Pasadena Porsche assigned it rights, title and interest in the Lease to Plaintiff Porsche Leasing Ltd., who thereafter gave it to Plaintiff Porshe Financial Services, Inc. for servicing. (Parker Decl., ¶ 6, Ex. A.) Under the Lease, Defendant was obligated to make thirty-nine (39) consecutive monthly payments in the amount of $1,388.95 commencing January 24, 2023. (Parker Decl., ¶ 5.) On February 24, 2023, Defendant defaulted on the Lease by failing to make the payment due and Plaintiffs demanded return of the Vehicle. (Parker Decl., ¶ 8.) Defendant now owes $83,083.29. (Parker Decl., ¶ 8.) Plaintiffs have submitted sufficient evidence to support the breach of the lease and the resulting damages.

 

Further, Plaintiffs properly calculate pre-judgment interest in the amount of $2,142.40, accruing at 10% from the date of February 24, 2023 (date of the breach) to November 6, 2023. (Parker Decl., ¶ 20.) Plaintiff also requests attorney fees in the amount of $2,048.48, which complies with LASC 3.214. (Parker Decl., ¶ 19.) Lastly, Plaintiff substantiates the request for reasonable costs in the amount of $531.88, which includes $435 in clerk’s filing fees, and $96.88 in service of process fees. (Parker Decl., ¶ 21.)

 

The request for entry of default judgment is granted.