Judge: Daniel M. Crowley, Case: 24STCV05805, Date: 2024-12-18 Tentative Ruling

Case Number: 24STCV05805    Hearing Date: December 19, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Cathay Bank’s Request for Default Judgment

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

Background

On March 8, 2024, Cathay Bank (“Plaintiff”) filed its operative Complaint against Defendants Wholesale Parts Distributor, LLC, and Eun Sook Min (collectively, “Defendants”) for breach of written promissory note and business loan agreement, breach of written guaranty, money lent, open book account, account stated, and indebtedness.

On August 29, 2024, the clerk entered default against Wholesale Parts Distributor, LLC, and Eun Sook Min.  On September 30, 2024, Plaintiff filed a Request for Court Judgment to be heard on December 19, 2024.

Party’s Request

Plaintiff requests the Court to enter a default judgment against Defendants and award Plaintiff a judgment of $43,894.69 consisting of $35,000.00 in damages, $16.41 in late charges, $6,571.58 in prejudgment interest, $866.70 in costs, and $1,440.00 in attorneys’ fees.

Unfortunately, Plaintiff’s JUD-100 and CIV-100 forms incorrectly note that attorneys’ fees are sought in the amount of “$1,4400.00.”  This error needs to be corrected before this Court can enter judgment; otherwise Plaintiff’s submitted documents are correct.

Discussion

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

Conclusion

The application for default judgment filed on September 30, is granted.  Judgment of $43,894.69 is entered against Defendants Wholesale Parts Distributor, LLC, and Eun Sook Min.

Plaintiff is ordered to give notice of this ruling.

Dated:  December _____, 2024