Judge: Lynette Gridiron Winston, Case: 22PSCV01577, Date: 2023-10-30 Tentative Ruling
Case Number: 22PSCV01577 Hearing Date: October 30, 2023 Dept: 6
Plaintiff Velocity Investments, LLC’s Request for Entry of Default Judgment
Defendant: Julio Regil
TENTATIVE RULING
GRANTED. The Court will sign the proposed Judgment.
BACKGROUND
This is a collections case. Plaintiff Velocity Investments, LLC (Plaintiff) is a debt buyer and purchased the underlying debt from the original creditor WEBBANK. On October 31, 2022, Plaintiff filed this action against Defendant Julio Regil (Defendant) and Does 1 through 10, alleging causes of action for breach of contract and open book account.
Default was entered against Defendant on June 13, 2023, and again on October 19, 2023. Doe Defendants 1 through 10 were dismissed on June 13, 2023. Plaintiff had previously submitted a default judgment package on June 13, 2023, but it was denied without prejudice. Plaintiff filed the instant default judgment package on October 19, 2023.
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
Plaintiff seeks default judgment against Defendant in the total amount of $32,056.19, including $31,522.69 in damages, $0.00 in interest, $0.00 in attorney fees, and $533.50 in costs. Because the Court finds Plaintiff has submitted sufficient evidence, the Court GRANTS Plaintiff’s request for entry of default judgment.
CONCLUSION