Judge Christian R. Gullon, Case Number: 23PSCV02597, Date: 2024-01-31 Tentative Ruling

Judge: Christian R. Gullon, Case: 23PSCV02597, Date: 2024-01-31 Tentative Ruling

Case Number: 23PSCV02597 Hearing Date: January 31, 2024 Dept: O

Tentative Ruling

Plaintiff’s Application for Entry of Default Judgment is CONTINUED to allow for the filing of a proposed judgment.

Background

This is a contracts case.

On August 24, 2023, Plaintiff BANKERS HEALTHCARE GROUP, LLC filed suit against Defendant PEDRO HERNANDEZ alleging breach of contract for the unpaid amount of $40,848.49 (plus interest).

On December 4, 2023, default was entered against Defendant. That same day, Plaintiff filed a ‘Declaration in Support of Request for Entry of Default Judgment Pursuant to CCP § 585(d) & CCP § 1033.’

Discussion

As Plaintiff seeks the demand as stated in the complaint and has provided the declaration of its custodian of records to authenticate the Promissory Note Defendant signed, the court finds no significant defects with the application.[1] The only defect is that Plaintiff has not provided a proposed judgment. (See CRC Rule 3.1800(a)(6) [list of documents that must be included when seeking court judgment based on declarations].)

Conclusion

Based on the foregoing, the default judgment application is CONTINUED to allow for the filing of a proposed judgment.

[1] The court exercises its discretion to overlook the need to file a summary of the case as the facts are minimal and adequately set forth in the complaint.