Judge: Christian R. Gullon, Case: 22PSCV00743, Date: 2023-06-21 Tentative Ruling
Case Number: 22PSCV00743 Hearing Date: June 21, 2023 Dept: O
Tentative Ruling
Plaintiff’s Request for Entry of Default
Judgment is GRANTED.
Background
This is a complaint for open book account. Plaintiff
Shree Gems Inc. alleges that within the last four years, Defendant has become
indebted to Plaintiff on an open book account in the sum of $80,731.72.
On July 20, 2022, Plaintiff filed suit.
On September 15, 2022, default was entered against
Defendant ELBA JEWELRY SERVICES, LLC, A LIMITED LIABILITY COMPANY DBA SOPHIA
FIORI.
On October 31, 2022, Plaintiff filed an application for
entry of default judgment, which on Tuesday, December 20, 2022 the court
denied.
On January 31, 2023, Plaintiff refiled its application,
which the court again denied.
On May 24, 2023, Plaintiff filed the instant application
for entry of default judgment.
Discussion
The court previously denied Plaintiff’s application for
the following reason:
[T]he court denies the application for the
failure to explain the date of the breach and an explanation of damages.
For one, the complaint states that “within the last four years” Defendant
became indebted to Plaintiff, implying that Defendant has been in breach for
four years. Yet, in the calculation of interest, Plaintiff claims that the
breach occurred on June 7, 2021, which is but merely one year ago. In an
attempt to clarify the matter, the court turns to Exhibit 1, a copy of the
account (and the only submitted evidence). Exhibit 1, however, is merely
numerous transactions dated to various dates; thus, it fails to substantiate
Plaintiff’s contention that the breach occurred on June 7, 2021.
Now, Plaintiff has filed a declaration
explaining the 6/07/21 breach date. Specifically, Plaintiff explains that there
are two accounts. On the first account, Plaintiff sold product to Defendant
between period of 2/06/2016 and 1/24/2020. On the second account, the
transactions were for the period of 9/25/2018 to 8/05/2020. As for both
accounts, the total amount due is $80,731.72 ($70,798.62 plus $9,933.10,
respectively). As the last payment was made on 6/07/21, Plaintiff elected to
use that date as the date of overall breach.
Therefore, as Plaintiff has filed a
sufficient complaint, provided damages to support the damages, and provided a
computation of interest (from 6/7/21 until entry of default on 9/15/22 at 10%
annum) the court enters default judgment in the amount of 91,551.52
Against ELBA JEWELRY SERVICES, LLC, A LIMITED LIABILITY
COMPANY DBA SOPHIA FIORI.
Conclusion
Based on the foregoing, the application is granted.[1]