Judge: Peter A. Hernandez, Case: 21PSCV00830, Date: 2022-09-06 Tentative Ruling

Case Number: 21PSCV00830    Hearing Date: September 6, 2022    Dept: O

Background   

Plaintiff OAE Technology Inc. fka Actiontec Electronics (“Plaintiff”) alleges as follows:  On June 5, 2020, ICNT Group Inc. (“ICNT”) and Jiaping Cong (“Cong”) executed a promissory note (“Note”) for the amount of $500,000.00 in favor of Plaintiff, as well as a guaranty. The Note is in default.

On October 12, 2021, Plaintiff filed a complaint, asserting a cause of action against ICNT, Cong and Does 1-10 for:

1.                  Breach of Contract

On December 16, 2021, Defendants’ defaults were entered.

On August 3, 2022, Plaintiff dismissed Cong, without prejudice.

An Order to Show Cause Re: Default Judgment is set for September 6, 2022.

Discussion

Plaintiff’s OAE Technology Inc. fka Actiontec Electronics’ Application for Default Judgment is granted, contingent upon Plaintiff’s production of the original Note at or before the time of the hearing for cancellation in compliance with California Rules of Court 3.1806 (i.e., “[i]n all cases in which judgment is rendered upon a written obligation to pay money, the clerk must, at the time of entry of judgment, unless otherwise ordered, note over the clerk's official signature and across the face of the writing the fact of rendition of judgment with the date of the judgment and the title of the court and the case.”) Plaintiff has not made any representation to the court that the original is unavailable for any reason.