Judge: Peter A. Hernandez, Case: 22PSCV01097, Date: 2023-08-10 Tentative Ruling

Case Number: 22PSCV01097    Hearing Date: February 28, 2024    Dept: K

Plaintiff Weidong Zang’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Weidong Zang (“Plaintiff”) alleges as follows:

On February 19, 2020, Plaintiff and Defendant Freevolt USA, Inc. (“Defendant”) entered into a contract wherein Defendant agreed to install a 25.5 KW solar photovoltaic system (85 solar panels system) at Plaintiff’s property located at 14736 Valley Blvd., La Puente, CA 91746 (“Project”) in exchange for payment. Defendant guaranteed to complete the Project within 3 months, or would compensate Plaintiff's electricity bills for any delays up to $2,000 per month. Plaintiff followed Defendant’s directions and completed a loan application for $100,000 to cover the expenses of the Project (“Loan”), and paid Defendant $2,000 as a deposit. The loan was later approved, and Defendant received $90,000 from proceeds of the loan (the remaining $10,000 of the loan proceeds was on hold for the reason of incompletion of the Project). Plaintiff made payments for the Loan from April of 2020-present. Defendant never started the Project after entering into the contract.

On September 26, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-25 for:

1.                  Breach of Contract

On January 30, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for February 28, 2024.

Discussion

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

On August 10, 2023, the court denied Plaintiff’s default prove-up package filed May 8, 2023 without prejudice; at that time, the court provided Plaintiff with a listing of noted defects requiring correction. On November 6, 2023, the court denied Plaintiff’s default prove-up package filed October 26, 2023; in doing so, the court provided Plaintiff with a listing of noted defects requiring correction and expressly advised that “Plaintiff is instructed to provide a full and complete default prove-up application. The court will not entertain any piecemeal submissions.” (Emphasis added).

On January 17, 2024, Plaintiff filed a Judicial Council Form CIV-100 Request for Court Judgment and a proposed judgment only. This constitutes a piecemeal submission. Plaintiff is instructed to provide a full and complete default prove-up application. (See Cal. Rules Ct. Rule 3.1800).