Judge: Christian R. Gullon, Case: 23PSCV02756, Date: 2024-05-13 Tentative Ruling
Case Number: 23PSCV02756 Hearing Date: May 13, 2024 Dept: O
Tentative Ruling
Plaintiff’s
Application for Default Judgment is DENIED without prejudice
because (i) no interest computation and (ii) purported contracts are not
translated.
Background
This is an
open book account case.
On September
8, 2023, Plaintiff CREDITORS ADJUSTMENT BUREAU, INC[1]
filed suit against Defendant NARWHAL, INC. for:
1.
Open Book
Account
2.
Account
Stated
3.
Reasonable
Value
On January
16, 2024, default was entered against Defendant. According to the POS filed
that same day, Esther Kim is the registered agent authorized to receive service
of process. However, she was served via substituted service by serving a
“Michael Doe” who declined to give his full name who is listed as the “person
in charge.” Michael Doe was served at 2426 Peck Road in the City of Industry.
On March 15,
2024, Plaintiff filed the instant application for default judgment.
Legal Standard
California Code of Civil
Procedure section 585 (“CCP”) permits entry of a judgment after a Defendant has
failed to timely answer after being properly served. A party seeking judgment
on the default by the Court must file a Request for Court Judgment, and: (1) a
brief summary of the case; (2) declarations or other admissible evidence in
support of the judgment requested; (3) interest computations as necessary; (4)
a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a
dismissal of all parties against whom judgment is not sought; (7) a dismissal
of all parties against whom judgment is not sought or an application for
separate judgment under CCP § 579, supported by a showing of grounds for each
judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if
allowed by statute or by the agreement of the parties. (Cal. Rules of Court,
Rule 3.1800.)
Discussion
Plaintiff
seeks entry of default judgment against Defendant in the total amount of
$920,969.61. The breakdown is as follows: Damages: $700,901.00; Interest:
$218,325.
The
application fails for the following two reasons.
First,
Plaintiff has not provided a computation of interest. That would be reason to
deny the application without prejudice.
Second, Plaintiff has not provided adequate evidence. To
the extent that “documents and records” are provided, they are in Chinese and
no authenticated translation is provided. (See ‘Declaration Pursuant to 585
CCP in Support of Default Judgment’
filing.)
Conclusion
Based
on the foregoing two defects, the application is denied without prejudice.