Judge: Lynette Gridiron Winston, Case: 23PSCV01364, Date: 2023-10-11 Tentative Ruling

Case Number: 23PSCV01364    Hearing Date: January 4, 2024    Dept: 6

Plaintiff LVNV Funding LLC’s Request for Entry of Default Judgment 

Defendant: Ji Kim 

TENTATIVE RULING

Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $31,932.53. 

BACKGROUND

This is a collection case. Plaintiff LVNV Funding LLC (Plaintiff) is a debt collector. The originator of the underlying debt, Cross River Bank, sold the debt to Sherman Originator III, LLC, who sold the debt to Sherman Originator, LLC, who then sold the debt to Plaintiff. Plaintiff filed this action on May 5, 2023, alleging two causes of action for breach of contract and open book account against Defendant Ji Kim (Defendant) and Does 1 through 10. Plaintiff filed a default judgment package on July 10, 2023, which was later denied without prejudice. 

On January 2, 2024, Plaintiff resubmitted the default judgment package.

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 $43,532.03 including $30,105.85 in damages, $11,599.50 in interest, $1,293.18 in attorney fees, and $533.50 in costs. The Court notes that this default judgment package does not address the issues raised in the Court’s prior order denying the request for entry of default judgment. (Order re Tentative Ruling (10/11/23).) Specifically, Plaintiff has not addressed the fact that New Jersey law governs the underlying loan agreement at issue. (Compl., ¶ 24; see Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc. (2020) 50 Cal.App.5th 1009, 1014 [contract containing New York choice-of-law clause held to govern the plaintiff’s recovery of prejudgment interest].) Plaintiff simply resubmitted the same default judgment package as before, only with additional interest, and did not explain whether Plaintiff’s prejudgment interest calculation complies with New Jersey law. Accordingly, the Court disregards Plaintiff’s prejudgment interest calculation. 

            The Court otherwise finds Plaintiff’s default judgment package to be adequate and will GRANT Plaintiff’s request for entry of default judgment in the reduced amount of $31,932.53.