Judge: Kerry Bensinger, Case: 23STCV20322, Date: 2024-08-08 Tentative Ruling

Case Number: 23STCV20322    Hearing Date: August 8, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     August 9, 2024                                                           TRIAL DATE:  N/A

CASE:                         Insurance Company of the West v. Cold Systems, Inc.

CASE NO.:                 23STCV20322

APPLICATION FOR DEFAULT JUDGMENT

MOVING PARTY:               Plaintiff Insurance Company of the West

RESPONDING PARTY:     N/A

            This is an action for breach of contract to recover money damages based upon the failure to pay premiums owed under an insurance Policy.  On August 24, 2023, Plaintiff, Insurance Company of the West, filed a Complaint against Defendant, Cold Systems, Inc., dba Super-Cool Refrigeration, and Does 1-20, alleging that Plaintiff issued worker’s compensation insurance policy number WSA-5044681-00 to Defendant.  During the Policy Period, Defendant failed and refused to pay certain premiums due and owing on the Policy.  There is currently $32,361.88 due from Defendant to Plaintiff for the Policy Period.

            On December 27, 2023, the clerk of the court entered default against Defendant.

            On June 5, 2024, Doe Defendants were dismissed from this action.

            Plaintiff now seeks a default judgment against Defendant in the sum of $34.852.20, consisting of $32,361.88 as demanded in the Complaint and $2,490.32 in costs. 

Upon review, the court finds Plaintiff substantiates the judgment sought.  Accordingly, the application for default judgment filed on June 5, 2024, is GRANTED. 

The Order to Show Cause Re: Default Judgment is VACATED.

Dated:   August 8, 2024