Judge: Kevin C. Brazile, Case: 23STCV25012, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV25012    Hearing Date: March 7, 2024    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Department 20

Hearing Date: Thursday, March 7, 2024

Case Name: First National Bank of Omaha v. Ayanyan

Case No.: 23STCV25012

Hearing: Non-Appearance Case Review Re: Default Judgment

Notice: OK

Ruling: Plaintiff’s Request for Default Judgment is GRANTED.

Plaintiff to give notice.

BACKGROUND

On October 13, 2023, Plaintiff First National Bank of Omaha (“Plaintiff”) filed a complaint against Defendant Iskui Ayanyan (“Defendant”) and Does 1-5 to recover an unpaid balance of $35,388.06. The complaint asserts causes of action for open book account and account stated.

Defendant was served with the summons, complaint, and other documents by personal service on November 11, 2023. 

Default of Defendant was entered on January 16, 2024. 

On January 18, 2024, Does 1-5 were dismissed from the action. 

Before the Court is Plaintiff’s Request for Court Judgment.

DISCUSSION

Code of Civil Procedure section 585 permits a default judgment after a defendant’s default has been entered. California Rules of Court, rule 3.1800(a) requires a party seeking default judgment by court judgment to use the mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) and to file: “(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2) Declarations or other admissible evidence in support of the judgment requested; (3) Interest computations as necessary; (4) A memorandum of costs and disbursements; (5) A declaration of nonmilitary status for each defendant against whom judgment is sought; (6) A proposed form of judgment; (7) A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) Exhibits as necessary; and (9) A request for attorney fees if allowed by statute or by the agreement of the parties.”

Plaintiff requests a total judgment of $35,903.06, consisting of the demand of the complaint in the amount of $35,388.06 and costs of $515.00. (Form CIV-100, ¶¶ 2, 7; see also [Proposed] Judgment, ¶ 6.)

Plaintiff used mandatory form CIV-100 (which includes a memorandum of costs and disbursements (¶ 7) and declaration of nonmilitary status (¶ 8)) and complied with most requirements of CRC, rule 3.1800(a). Plaintiff submitted a Summary of the Case, her supporting declaration, a [Proposed] Judgment on Form JUD-100, and a Request for Dismissal of all Does.

The Court finds that Plaintiff has sufficiently proven up damages of $35,388.06. The cardmember agreement Plaintiff and Defendant entered into is attached as Exhibit A. Exhibit A also contains a redacted last statement of Defendant’s account. According to that statement, Defendant owed $35,388.06 as of September 8, 2023, a little more than one month before Plaintiff filed this action. Plaintiff also requests $435.00 for filing fees and $80.00 for process server fees. Thus, Plaintiff’s request for $35,903.06 is merited. 

CONCLUSION

Plaintiff’s Request for Default Judgment is GRANTED.

Plaintiff to give notice.