Judge: Lynette Gridiron Winston, Case: 23PSCV01315, Date: 2023-10-02 Tentative Ruling

Case Number: 23PSCV01315    Hearing Date: October 2, 2023    Dept: 6

Northern California Collection Service, Inc. v. Iman Trucking, Inc.

Plaintiff Northern California Collection Service, Inc.’s Request for Entry of Default Judgment

Defendant: Iman Trucking, Inc.

TENTATIVE RULING
DENIED without prejudice.

BACKGROUND
This is a collections case. Plaintiff Northern California Collection Service, Inc. (Plaintiff) is the assignee of debt from the State Compensation Insurance Fund. Plaintiff filed this action on May 2, 2023, alleging one cause of action for open book monies due against Defendant Iman Trucking, Inc. (Defendant).

Default was entered against Defendant on August 29, 2023. Plaintiff filed a default judgment package on September 6, 2023.[1]

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 $108,871.52, including $90,336.06 in damages, $18,035.46 in interest, and $500.00 in costs. The Court finds, however, that Plaintiff’s request for entry of default judgment failed to use the proper form for requesting entry of default judgment. While Form CIV-100 is generally the form required for most default judgments, debt collection cases subject to the Fair Debt Collection Practices Act require the use of Form CIV-105. (Cal. Rules of Court, rule 3.1800, subd. (a) [“A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105).”])

Based on the foregoing, the Court DENIES the request for entry of default judgment without prejudice.

CONCLUSION
Based on the foregoing, the Court DENIES the request for entry of default judgment without prejudice.

[1] The proposed judgment (Form JUD-100) was filed on September 7, 2023.