PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: U.S. Bank National Association 

RESPONDING PARTY: Caesar Morera and Lion Heart Group 

BACKGROUND 

This case arises from a breach of contract.  Defendants Caesar Morera and Lion Heart Group entered into a written Retail Installment Sale Contract (the “Contract”) with MB of Los Angeles, which was subsequently assigned to Plaintiff U.S. Bank National Association.  The Contract was for purchase of certain personal property described as a 2020 Mercedes Benz GT53C4, Vin No. WDD7X6BB4LA014371 (the “Car”).  

The terms of the Contract consisted of a down payment of $5,000 and 72 consecutive monthly payments of $1,700.05 with the first payment due on October 28, 2020 and the remaining payments due monthly thereafter until the expiration of the Contract.   

On or about October 28, 2022 and continuing thereafter, Defendants defaulted on the Contract by failing and refusing to make any of the payments due and owing.  The total principal balance owed is $74,673.71 plus late fees of $859.99 and interest from the date of the default in the amount of $1,419.05, for a total balance owing of $76,952.75. 

The Contract provides that should Defendants default in payment of any installment when due, Plaintiff shall have the right to take possession of the Car.  Plaintiff also has a perfected lien on the Car. 

On October 23, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges a single claim for replevin (claim and delivery).  The Complaint did not seek damages but only immediate possession of the Car.   

Plaintiff filed a proof of service showing Defendants were served by substitute service on December 27, 2023.  Defendants were obligated to respond within 30 days.  Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on February 20, 2024.  Plaintiff requested a default judgment on February 21, 2024.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared. 

RELIEF REQUESTED 

Default judgment against Defendants seeking immediate possession of the Car.  

ANALYSIS 

Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint¿seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.¿ (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc.  585(a).) 

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (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.  (CRC Rule 3.1800.)  

Here, Plaintiff has properly complied with the requirements for a default judgment. Substantively, Plaintiff declares via declaration that Defendants have defaulted by failing to make payments due under the Contract, and the Contract provides that should Defendants default, Plaintiff shall have the right to take immediate possession of the Car.  Procedurally, Plaintiff properly served Defendants more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested dismissal of the fictitious defendants, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff U.S. Bank National Association’s Request for Default Judgment against Defendants Caeser Morera and Lion Heart Group is GRANTED.