Judge: Joseph Lipner, Case: 25STCV03749, Date: 2025-06-11 Tentative Ruling

Case Number: 25STCV03749    Hearing Date: June 11, 2025    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff U.S. Bank National Association (“Plaintiff”) seeks default judgment against Defendant Jose A Guerrero (“Defendant”).

Plaintiff seeks only possession of the vehicle at issue in this case.

The Court GRANTS Plaintiff’s request for default judgment.

Background

This is a breach of contract case relating to the purchase of a vehicle.

On February 14, 2023, Plaintiff and Defendant entered into a loan agreement (the “Contract”), whereby Plaintiff loaned Defendant a principal amount of $79,495.00 for the purchase of a 2018 PETERBILT 579 CUMM ISX15 450 HP, VIN No. 1XPBD49X1JD445697 (the “Vehicle”). (Complaint, Ex. 1, 3.) Plaintiff was the lienholder on the Vehicle. (Complaint, Ex. 2.) The Contract grants Plaintiff a security interest in the Vehicle. The Contract provides that, should Defendant default in payment of any installment when due, Plaintiff         shall have the right to take possession of the Vehicle.

Defendant failed to make the payment due on March 16, 2024, as well as all subsequent payments.

Plaintiff filed this action on February 10, 2025, raising one claim for replevin, seeking possession of the Vehicle.

Default was entered against Defendant on May 2, 2025.

Legal Standard

Code of Civil Procedure, section 585 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 Form CIV-100 Request for Court Judgment, and:

(1) Proof of service of the complaint and summons;

(2) A dismissal of all parties against whom judgment is not sought (including Doe defendants) or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment (CRC 3.1800(a)(7));

(3) A declaration of non-military status as to the defendant (typically included in Form CIV-100) (CRC 3.1800(a)(5));

(4) A brief summary of the case (CRC 3.1800(a)(1));

(5) Admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362);

(6) Interest computations as necessary (CRC 3.1800(a)(3));

(7) A memorandum of costs and disbursements (typically included in Form CIV-100 (CRC 3.1800(a)(4));

(8) A request for attorney’s fees if allowed by statute or by the agreement of the parties (CRC 3.1800(a)(9)), accompanied by a declaration stating that the fees were calculated in accordance with the fee schedule as per Local Rule 3.214.  Where a request for attorney fees is based on a contractual provision the specific provision must be cited; (Local Rule 3.207); and

(9) A proposed form of judgment (CRC 3.1800(a)(6));

(10) Where an application for default judgment is based upon a written obligation to pay money, the original written agreement should be submitted for cancellation (CRC 3.1806). A trial court may exercise its discretion to accept a copy where the original document was lost or destroyed by ordering the clerk to cancel the copy instead (Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124);

(11) Where the plaintiff seeks damages for personal injury or wrongful death, they must serve a statement of damages on the defendant in the same manner as a summons (Code Civ. Proc. § 425.11, subd. (c), (d)).

(California Rules of Court, rule 3.1800.)

Pursuant to Code Civ. Proc., § 1033.5(a)(1), items are allowable as costs under Section 1032 if they are “filing, motion, and jury fees.”

A party who defaults only admits facts that are well-pleaded in the complaint or cross-complaint. (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154.) Thus, the complaint must state a claim for the requested relief.

Discussion

Service of the Complaint and Summons

            According to the proof of service filed on February 28, 2025, Defendant was personally served on February 27, 2025 at 1650 N Serrano Avenue, Apartment 107, Los Angeles, California 90027-4840.

Dismissal of Other Parties

The Doe defendants were dismissed from the action on May 13, 2025, pursuant to Plaintiff’s request.

Form CIV-100

Plaintiff has filed a form CIV-100 seeking default judgment.

Non-Military Status

Michelle Munoz avers to Defendant’s non-military status.

Summary of the Case

Plaintiff provides a brief summary of the case in its Summary of the Case and Memorandum of Points and Authorities in Support of Default Judgment by Court. Plaintiff adequately pleads its causes of action in the Complaint.

“The common law writ of replevin is the equivalent of the ‘action for the recovery of specific personal property’ referred to in Code of Civil Procedure section 667.” (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1020.) “Under current California law, the common law forms of action named replevin, detinue and trover are addressed by the tort of conversion of tangible personal property. [Citation.] The tort of conversion is committed by the defendant's ‘ “wrongful exercise of dominion over personal property of another.” ’ ” (Ibid.) The labeling of a pleading “as a petition for writ of replevin is ‘a relatively harmless historical observation.’ ” (Ibid.) Courts “are required to look past the pleading's label and examine its substance.” (Ibid.) “A secured party wishing to repossess by judicial action, can bring an action in replevin or proceed under the statutory successor to replevin, an action of claim and delivery.” (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.)

This claim arises out of breach of contract. If a breach of contract claim “is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference.” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 307.) In some circumstances, a plaintiff may also “plead the legal effect of the contract rather than its precise language.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.)

            Here, Plaintiff attached all but the first page of the Contract to the Complaint. (See Complaint, Ex. 1.) However, Plaintiff’s allegations provide an adequate explanation of the missing terms (Complaint ¶ 6), and Plaintiff has now provided the full contract. (Reesman Decl., Ex. 1.)

            Plaintiff adequately pleads its claim for replevin.

Evidence of Damages

Plaintiff does not seek damages.

Prejudgment Interest

Plaintiff does not seek prejudgment interest.

Memorandum of Costs and Disbursements

Plaintiff does not seek costs.

Attorney’s Fees

            Plaintiff does not seek attorney’s fees.

Proposed Form of Judgment

            Plaintiff has submitted a proposed form of judgment.

Submission of the Written Agreement

            California Rule of Court 3.1806 states that “unless otherwise ordered” judgment upon a written obligation to pay money requires a clerk’s note across the face of the writing that there has been a judgment. Here, Plaintiff has not submitted the original documents. The Court does not discern any practical need for such a clerk’s note on the written obligation in the current case and therefore orders that it need not be included. If this causes any issues for any party or non-party, they are authorized to bring the matter to the Court’s attention. 

Statement of Damages

Plaintiff does not need to submit a statement of damages because this is not a personal injury or wrongful death case.