Judge: Kevin C. Brazile, Case: 22STCV04773, Date: 2023-02-27 Tentative Ruling

Hearing Date: February 27, 2023

Case Name: Testa v. Elite Partners, LLC, et al.

Case No.: 21STCV29569

Matter: Non-Appearance Case Review Re: Default Judgment 

Ruling: The Default Judgment Application is denied without prejudice.

Plaintiff to give notice.

This is a case in which Plaintiff alleges that he paid $57,725 for a vehicle, but after he obtained the vehicle, Defendants refused to transfer its title, making it impossible for Plaintiff to register and use the vehicle.

Plaintiff seeks default judgment against Defendants Elite Partners, LLC and Jose Salcido in the amount of $57,725.  Plaintiff also seeks an order directing the DMV to correct the VIN and register the vehicle in Plaintiff’s name.

The Default Judgment Application is denied without prejudice.  There is no reason given as to why Plaintiff is entitled to both the purchase price of the vehicle and an order that he be the registered owner.  That is, there is seemingly no reason to obtain the purchase price if Plaintiff will be able to use the vehicle after the Court’s judgment.  Evidence of loss of use has not specifically been provided.  

Further, there is no legal citation or explanation as to why the DMV should be omitted from the judgment because it is listed as a nominal defendant.  

Plaintiff to give notice.