Judge: Jon R. Takasugi, Case: BC714907, Date: 2023-09-08 Tentative Ruling

Case Number: BC714907    Hearing Date: March 21, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            After review, the Court has identified the following deficiency with Plaintiff’s default judgment packet:

-         Plaintiff’s explanation remains inadequate, largely because it assumes familiarity with the facts of the case, and still does not address the standing issue.

Plaintiff has still not explained why it is entitled to a sum paid by Zhao and Zhang, rather than the money it itself claims it paid for the two vehicles. While the Court understands that Lexury was unjustly enriched by the payments remitted by Zhao, Plaintiff was not detrimentally impacted by these payments given that Plaintiff did not make these payments. Plaintiff has still not offered any explanation as to why it has standing to recover funds wrongfully obtained by Lexury but which it did not pay. The mere fact that Lexury was unjustly enriched by the payments does not mean that Plaintiff is entitled to recover those payments, given that it has not offered any connection to those payments.

Plaintiff will be afforded one final opportunity to address this. It is due April 22, 2024.