Judge: Peter A. Hernandez, Case: 22PSCV00231, Date: 2023-01-24 Tentative Ruling

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Case Number: 22PSCV00231    Hearing Date: January 24, 2023    Dept: O

Plaintiff Bank of America, N.A.’s Application for Default Judgment is DENIED without prejudice.

Background   

This is a credit card collections case. On March 14, 2022, Plaintiff Bank of America, N.A. (“Plaintiff”) filed a complaint, asserting a cause of action against Defendant Chaivut W. Injarusorn (“Defendant”) and Does 1-10 for:

1.                  Common Counts

On December 5, 2022, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for January 24, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

Plaintiff’s default prove-up application submitted December 5, 2022 is comprised of the following documents: (1) a proposed default judgment, (2) a Judicial Council Form CIV-100 Request for Entry of Default and Court Judgment, (3) a declaration from attorney Jeremy Wachtman “Re: Research to Determine Military Status of Defendant(s); Notice pursuant to C.C.P. § 1033(b)(2)” and (4) a request for dismissal of Does 1-10 on Judicial Council Form CIV-110.

Plaintiff has failed to submit a declaration from anyone on its behalf attaching documentary evidence supporting Plaintiff’s claims. Plaintiff’s complaint, though verified, is deficient in this regard.