Judge Daniel M. Crowley, Case Number: 23STCV28606, Date: 2024-12-30 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.

            If you elect to argue your matter, you are urged to do so remotely, via Court-Connect. If the moving party fails to appear and/or submit to the Court’s tentative ruling, the Court will take the matter off calendar.

            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.

If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.

Having considered all documents submitted in support of a default judgment, the Court rules as follows:

On November 22, 2023, Itria Ventures LLC (“Plaintiff”) filed its operative Complaint against Defendants Forty General Building, Inc., Jose Cuarenta Jimenez, and Jesus Edgar Cuarenta (collectively, “Defendants”) for appointment of receiver, preliminary injunction, breach of written contract, and breach of written guaranties. On December 20, 2023, Defendants filed their answer. On August 21, 2024, this Court struck Forty General Building, Inc.’s answer. On October 23, 2024, this Court struck Jose Cuarenta Jimenez’s and Jesus Edgar Cuarenta’s answer.

On August 21, 2024, the clerk entered default against Forty General Building, Inc. On October 29, 2024, the clerk entered default against Jose Cuarenta Jimenez and Jesus Edgar Cuarenta. On November 14, 2024, Plaintiff filed a Request for Court Judgment to be heard on December 30, 2024.

Plaintiff requests the Court to enter a default judgment against Defendants and award Plaintiff a judgment of $77,531.93 consisting of $67,237.50 in damages, $6,833.82 in prejudgment interest at a total rate on the contract of 10%, $1,225.86 in costs, and $2,234.75 in attorneys’ fees.

Plaintiff submitted a completed default judgment packet, with all applicable attachments. The Court finds sufficient evidence to justify the requested award and grants Plaintiff Itria Ventures LLC’s request in full.

The application for default judgment filed on November 14, 2024, is granted. Judgment of $77,531.93 is entered against Defendants Forty General Building, Inc., Jose Cuarenta Jimenez, and Jesus Edgar Cuarenta.

Hon. Daniel M. Crowley

Judge of the Superior Court