Judge: Michelle C. Kim, Case: 24STCV09077, Date: 2024-11-12 Tentative Ruling

Case Number: 24STCV09077    Hearing Date: November 12, 2024    Dept: 78

DEPT:  

 

78 

OSC DATE: 

 

11/12/2024 

CASE NAME/NUMBER: 

 

24STCV09077 EAST L.A. WHOLESALE ELECTRIC vs M.R. ELECTRICAL, LLC, et al. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

M.R. ELECTRICAL, LLC & MARIO RODRIGUEZ NAVARRO AKA MARIO NAVARRO 

TENTATIVE RULING: 

 

  

DENY for reasons stated below. 

 

TENTATIVE 

 

Plaintiff East L.A. Wholesale Electric (“Plaintiff”) filed this breach of contract action against M.R. Electrical, LLC, Mario Rodriguez Navarro aka Mario Navarro, and Does 1 through 10 alleging that on August 28, 2020, Plaintiff and defendants conducted certain business transactions wherein Plaintiff delivered certain electrical supply products to defendants. However, defendants failed to make payment to Plaintiff for said goods, leaving a principal balance of $48,286.16. (Compl. Exh. A.) 

 

On application for court judgment, Plaintiff seeks principal damages in the amount of $48,286.16 and interest in the amount of $10,967.67 against defendants M.R. Electrical, LLC and Mario Rodriguez Navarro aka Mario Navarro (collectively, “Defendants”). Plaintiff has dismissed all unnamed Doe defendants. 

 

In support of the damages sought, Plaintiff proffers the declaration of its officer Hersel Enayati (“Enayati”). Enayati declares that he personally examined each document attached as an exhibit to the complaint and to his declaration. (Enayati Decl. ¶ 5.) However, the referenced Exhibit A of invoices and statements are absent from the declaration. (Enayati Decl. ¶ 8). Since the supporting declaration is incomplete, Plaintiff’s application is denied without prejudice. 

 

Additionally, upon the filing of a new default package, the Court requests that Plaintiff utilize CIV-100 [Rev. January 1, 2023] instead of the outdated version CIV-100 [Rev. January 1, 2020]. 

 

No later than __________, Plaintiff is to submit a new default judgment package correcting the above-noted defects. Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to later ___________.