Judge: Michael Shultz, Case: 22CMCV00031, Date: 2022-08-03 Tentative Ruling
Case Number: 22CMCV00031 Hearing Date: August 3, 2022 Dept: A
22CMCV00031
SOFI Lending Corp v. Dana Maxie
[TENTATIVE] ORDER
This is an action
to collect on a debt owed by Defendant. Plaintiff alleges it provided credit to
Defendant pursuant to a signed agreement. Defendant failed to pay and now owes
$36,476.44. Plaintiff alleges claims for breach of contract and common counts
for money lent. The request is defective as it is not supported by any
documentary evidence of damages.
Upon a plaintiff’s
application for a court judgment, 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 … .” Cal Code Civ Proc
§ 585(b). Additionally, “[t]he only evidentiary facts that have a place at a
prove-up hearing are those concerning the damages alleged in the complaint and
pursuant to a well-pleaded cause of action. Carlsen v. Koivumaki (2014)
227 Cal.App.4th 879, 899-902.
Plaintiff
submitted the signed written agreement to lend Plaintiff a principal amount of
$34,000. Declaration of Cameron Christlieb, .pdf page 4. Declarant does not
submit a copy of any books and records relied upon that show that Plaintiff is
indebted in the amount of $36,476.77 such as billing statements or any other
documents directed to Defendant and demanding payment. Declaration of
Christlieb, ¶ 4. Plaintiff refers to a final billing statement or account
statement as Exhibit A, but no documents are included. Declaration of Brianna
Elmassian, ¶ 3. Accordingly, the
court continues the Case Management Conference to September 28, 2022 8:30 a.m. in Department A of the Compton courthouse.
Plaintiff is ordered to provide a
supplemental declaration that includes admissible, documentary evidence
substantiating Plaintiff’s damages. The supplemental declaration shall be filed
no less than 10 court days before the continued hearing date.