Judge: Michael P. Linfield, Case: 23STCV02387, Date: 2023-09-06 Tentative Ruling

Case Number: 23STCV02387    Hearing Date: September 6, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On February 3, 2023, Plaintiff Cathay Bank filed its Complaint against Defendants Zeneroe USA, Inc. and Hyang Jeon on causes of action for breach of written promissory note and business loan agreement, breach of commercial guaranty, and money lent.

        On April 7, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant Zeneroe USA, Inc.

        On June 2, 2023, Plaintiff filed: (1) Declaration of Jose Ramirez; and (2) Declaration of Irwin M. Wittlin.

        On June 5, 2023, by request of Plaintiff, the Clerk’s Office dismissed without prejudice Does 1 through 100 from the Complaint.

        On June 6, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant Hyang Jeon.

        On June 6, 2023, Plaintiff refiled the two declarations and also filed: (1) Form CIV-100, Request for Entry of Default and Court Judgment; and (2) JUD-100, Proposed Judgment.

II.        ANALYSIS

        The Request for Default Judgment is GRANTED in part. Judgment is awarded in favor of Plaintiff and against Defendants, jointly and severally, in the total amount of $55,553.53. This amount is comprised of $47,302.14 in damages, $5,710.54 in prejudgment interest, $731.79 in costs, and $1,809.06 in attorney’s fees as indicated in the spreadsheet below.

        Plaintiff has requested $599.16 in late fees or nonsufficient fund fees. As the Consumer Financial Protection Bureau has noted, these are “junk fees.” (See, e.g., https://www.consumerfinance.gov/rules-policy/junk-fees/.)  The Court is not awarding these requested amounts.