Judge: Lynette Gridiron Winston, Case: 22PSCV01016, Date: 2023-12-08 Tentative Ruling

Case Number: 22PSCV01016    Hearing Date: February 6, 2024    Dept: 6

Plaintiffs Gonzalo R. Vazquez and Leticia Vazquez’s Request for Entry of Default Judgment 

Defendants:  Arcadio Toribio and Joanna Aranda 

COURT’S RULING

            Plaintiff’s request for entry of default judgment is GRANTED in the amount of $23,495.85. The 2/6/24 OSC re Entry of Default Judgment will be taken off-calendar.           

BACKGROUND

            This is a breach of rental agreement action. On September 8, 2022, plaintiffs Gonzalo R. Vazquez and Leticia Vazquez (collectively, Plaintiffs) filed this action against defendants Arcadio Toribio, Joanna Aranda (collectively, Defendants), and Does 1 through 50, alleging causes of action for breach of contract and common counts. Default was entered against the Defendants on May 2, 2023. On December 8, 2023, the Court denied Plaintiffs’ request for entry of default judgment. On January 16, 2024, Plaintiffs resubmitted their request for entry of default judgment.           

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (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 proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.) 

ANALYSIS

Plaintiffs seek default judgment against Defendants in the total amount of $23,495.85, including $20,628.00 in damages, $2,197.85 in interest, $0.00 in attorney fees, and $670.00 in costs. The Court notes that Plaintiffs have submitted sufficient evidence in support of the Judgment requested. Accordingly, the Court GRANTS Plaintiff’s request for entry of default judgment in the amount of $23,495.85. 

CONCLUSION

             Based on the foregoing, Plaintiff’s request for entry of default judgment is GRANTED in the amount of $23,495.85. The Court will sign the Proposed Judgment. The 2/6/24 OSC re Entry of Default Judgment will be taken off-calendar.