Judge: Lynette Gridiron Winston, Case: 24PSCV00357, Date: 2024-07-03 Tentative Ruling
Case Number: 24PSCV00357 Hearing Date: July 3, 2024 Dept: 6
Plaintiff
U.S. Bank’s Request for Entry of Default Judgment
Defendant: Freddy Alberto Duron AKA Freddy A. Duron
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is DENIED without prejudice.
BACKGROUND
This is an action for repossession. On February 5, 2024, plaintiff U.S. Bank National Association (Plaintiff) filed this action against defendant Freddy Alberto Duron AKA Freddy A. Duron (Defendant) and Does 1 through 10, alleging one cause of action for replevin (claim and delivery) and recovery of personal property – vehicle.
On April 4, 2024, default was entered against Defendant. On May 22, 2024, Plaintiff requested 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) 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 only possession of the subject vehicle. The Court finds that Plaintiff’s request for entry of default judgment has a couple issues. First, Plaintiff did not submit the original loan agreement or a declaration in lieu of the original explaining why the original cannot be produced. (See Cal. Rules of Court, rule 3.1806; Kahn v. Lasorda’s Dugout, Inc. (2003) 109 Cal.App.4th 1118, 112.) Plaintiff must comply with this requirement before the Court can award default judgment to Plaintiff. Second, since Plaintiff is the assignee of the original creditor of this loan agreement, (Bevins Decl., ¶ 6), Plaintiff needs also to have submitted the request for entry of default judgment on Form CIV-105 per Rule 3.1800, subdivision (a), of the California Rules of Court, (Cal. Rules of Court, rule 3.1800, subd. (a); see Code Civ. Proc., § 1788.50 et seq. [Fair Debt Buying Practices Act]).
CONCLUSION