Judge: Lynette Gridiron Winston, Case: 23PSCV01036, Date: 2024-11-19 Tentative Ruling

Case Number: 23PSCV01036    Hearing Date: November 19, 2024    Dept: 6

Plaintiff McKesson Medical Surgical, Inc.’s Request for Entry of Default Judgment 

Defendant: ‘Matias’ Clinical Laboratory, Inc., a California Corporation, dba Health Care Providers Laboratory 

TENTATIVE RULING 

            Plaintiff’s request for entry of default judgment is DENIED without prejudice. Plaintiff must resubmit the signed declaration of Kenya Myers before the hearing on November 19, 2024. If the Court accepts the resubmitted declaration, the Court will sign the proposed judgment and this hearing will come off calendar.           

BACKGROUND           

            This is a breach of contract case. On April 10, 2023, plaintiff McKesson Medical Surgical, Inc. (Plaintiff) filed this action against defendant ‘Matias’ Clinical Laboratory, Inc., a California Corporation, dba Health Care Providers Laboratory (Defendant) and Does 1 through 20, alleging causes of action for breach of contract and common counts. On March 11, 2024, default was entered against Defendant on Plaintiff’s motion for terminating sanctions. On August 12, 2024, Plaintiff submitted a default judgment package, which the Court denied without prejudice. On October 4, 2024, Plaintiff resubmitted a default judgment package.           

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) declaration of nonmilitary status; (6) a proposed form of judgment; (7) 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; (8) exhibits as necessary; and (9) 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 Defendants in the total amount of $144,170.23, including $117,117.27 in damages, $23,457.79 in interest, $3,061.17 in attorney fees, and $534.00 in costs. While Plaintiff addressed certain issues noted in the Court’s prior rejection of the default judgment package, the declaration of Kenya Myers is not executed. (Myers Decl., p. 3; Code Civ. Proc., § 2015.5.) As such, the copy of the contract and invoice attached thereto are without foundation. (Myers Decl., Exs. A, B; Kim v. Westmoore Partners, Inc., supra, 201 Cal.App.4th at p. 288.) The Court disregards the copies attached to the declaration for Plaintiff’s counsel for lack of personal knowledge. (Ibid.; Hettena Decl. re: In Support of Entry of Default, ¶ 5, Exs. A, B.) 

CONCLUSION

Based on the foregoing, Plaintiff’s request for entry of default judgment is DENIED without prejudice. Plaintiff must resubmit the signed declaration of Kenya Myers before the hearing on November 19, 2024. If the Court accepts the resubmitted declaration, the Court will sign the proposed judgment and this hearing will come off calendar.