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
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.