Judge: Lynette Gridiron Winston, Case: 24PSCV03853, Date: 2025-07-14 Tentative Ruling
Case Number: 24PSCV03853 Hearing Date: July 14, 2025 Dept: 6
Request
for Entry of Default Judgment by Plaintiff Euler Hermes North America Insurance
Company, as assignee of MetaFoods, LLC
Defendant: One Meat Corporation
TENTATIVE RULING
The Court CONTINUES the hearing on Plaintiff’s request for entry of default judgment and orders Plaintiff to submit additional declarations and exhibits addressing the issues identified herein. If Plaintiff submits that additional information in sufficient time in advance of the hearing, the Court will review such submission.
BACKGROUND
This is a collection case. On November 12, 2024, plaintiff Euler Hermes North America Insurance Company, as assignee of MetaFoods, LLC, filed this action against Defendant One Meat Corporation (Defendant) and Does 1 to 100, alleging one cause of action for open book account.
On March 27, 2025, the clerk entered default against Defendant.
On May 22, 2025, Plaintiff submitted a 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) 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 default judgment against Defendant in the total amount of $67,275.86, including $58,378.00 in damages, $8,332.86 in interest, and $565.00 in costs. The Court finds the amounts requested appropriate. However, this is a subrogation matter, as evidenced by the assignment attached to the complaint, which indicates that the consideration for the assignment was Plaintiff’s payment of the principal damages alleged hereunder to MetaFoods, LLC as Plaintiff’s insured. (Compl., Ex. 2.) This means the Court needs evidence from Plaintiff in the form of declarations and exhibits evidencing the amount Plaintiff paid to its insured, MetaFoods, LLC, plus declarations and exhibits from MetaFoods, LLC properly identifying Defendant and evidencing Defendant’s liability to MetaFoods, LLC. (See Code Civ. Proc., § 585, subd. (b) [“The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff's favor for that relief, not exceeding the amount stated in the complaint… as appears by the evidence to be just”]; Cal. Rules of Court, rule 3.1800, subds. (a)(2), (a)(8).)
The Court also notes that Plaintiff did not submit an authenticated copy of the assignment from MetaFoods, LLC to Plaintiff. (See generally, Kattavenos Decl.; see Code Civ. Proc., § 585, subd. (b); Evid. Code, § 1401, subd. (a); Cal. Rules of Court, rule 3.1800, subds. (a)(2), (a)(8).)
CONCLUSION