Judge: Lynette Gridiron Winston, Case: 23PSCV03602, Date: 2024-04-11 Tentative Ruling
Case Number: 23PSCV03602 Hearing Date: April 11, 2024 Dept: 6
Plaintiff L.A. Commercial Group, Inc.’s Request for Entry of Default Judgment
Defendants: U.S. Noah Technology Corp. and Ji K. Li
COURT RULING
Plaintiff’s request for entry of default judgment is GRANTED. The Court will sign the proposed judgment.
BACKGROUND
This is a collection case. On November 17, 2023, plaintiff L.A. Commercial Group, Inc. (Plaintiff), assignee of National Ready Mixed Concrete Company for purposes of collection, filed this action against defendants U.S. Noah Technology Corp., Ji K. Li (collectively, Defendants), and Does 1 to 10, alleging causes of action for common counts and breach of contract.
On January 19, 2024, default was entered against Defendants. Plaintiff also submitted a request for entry of default judgment. On January 19, 2024, the Court rejected the request for entry of default judgment. On February 7, 2024, Plaintiff resubmitted the request for entry of default judgment.
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 Defendants in the total amount of $35,243.16, including $35,075.65 in damages less a credit acknowledgment of $5,000.00, $3,328.96 in interest, $1,200.00 in attorney fees, and $638.55 in costs. Because the Court finds the request for entry of default judgment to be properly supported by the evidence, the Court GRANTS Plaintiff’s request for entry of default judgment in the amount of $35,243.16.
CONCLUSION