Judge: Lynette Gridiron Winston, Case: 23PSCV01290, Date: 2023-10-05 Tentative Ruling

Case Number: 23PSCV01290    Hearing Date: October 5, 2023    Dept: 6

AMERICAN EXPRESS NATIONAL BANK vs FIDEL CABRAL, et al.

Plaintiff American Express National Bank, LLC’s Request for Entry of Default Judgment

Defendants: Fidel Cabral a/k/a Fidel R Cabral and Lujo Fino LLC

TENTATIVE RULING

The request for entry of default judgment is GRANTED. The Court will sign the proposed Judgment.

BACKGROUND

Plaintiff American Express National Bank, LLC (Plaintiff) is a lender. Plaintiff filed this action on April 28, 2023 against Defendants Fidel Cabral a/k/a Fidel R Cabral and Lujo Fino LLC (Defendants), alleging two causes of action for account stated and open book account. Default was entered against Defendants on July 18, 2023.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed 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 $30,272.25, including $29,634.44 in damages, $0.00 in interest, $0.00 in attorney fees, and $637.81 in costs. Because the Court finds Plaintiff has submitted sufficient evidence, the Court GRANTS Plaintiff’s request for entry of default judgment.

CONCLUSION

Based on the foregoing, Plaintiff’s request for entry of default judgment is GRANTED. The Court will sign the proposed Judgment.