Judge: Peter A. Hernandez, Case: 21PSCV00896, Date: 2022-08-08 Tentative Ruling
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Case Number: 21PSCV00896 Hearing Date: August 8, 2022 Dept: O
Plaintiff UGH I LLC’s Application for Default Judgment is DENIED without prejudice.
Background
Plaintiff UGH I LLC (“Plaintiff”) alleges as follows: Atsuko Sugiyama (“Defendant”) incurred credit card debt with Citibank, N.A. (“Citibank”). Plaintiff is Citibank’s successor in interest.
On November 3, 2021, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:
Account Stated
Open Book Account
On May 2, 2022, Defendant’s default was entered.
An Order to Show Cause Re: Default Judgment is set for August 8, 2022.
Discussion
Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:
Plaintiff claims entitlement to attorney’s fees pursuant to Civil Code § 1717, but has failed to identify any contractual provision for attorney’s fees. Plaintiff, moreover, has only articulated common count causes of action.