Judge: Peter A. Hernandez, Case: 22PSCV01152, Date: 2023-08-18 Tentative Ruling

Case Number: 22PSCV01152    Hearing Date: August 18, 2023    Dept: K

Plaintiff On Deck Capital, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff On Deck Capital, Inc. (“Plaintiff”) alleges as follows:

On or about March 16, 2020, Defendants JE Group Incorporated and Edgard Ruano Miranda (“Miranda”) (together, “Defendants”) executed a Business Line of Credit Agreement with accompanying supplement (“BLOC”) in favor of Celtic Bank (“Celtic”), pursuant to which Celtic provided Defendants with a revolving line of credit. Miranda also executed a personal guaranty. Celtic subsequently assigned its rights, title and interest in the BLOC to Plaintiff. Defendants failed to make payments due.

On October 4, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendants and Does 1-10 for:

1.                  Breach of Written Contract

On February 2, 2023, Defendants’ defaults were entered.

An Order to Show Cause is set for August 18, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. It would not appear to the court that Plaintiff’s counsel has personal knowledge of, and/or the ability to authenticate, the assignment from Celtic Bank to Plaintiff. Plaintiff’s counsel references, but does not attach, a “Business Records Affidavit Pertaining to Loans Originated by Celtic Bank and Sold and Assigned to On Deck Capital, Inc.”

Plaintiff is instructed that a full and complete default prove-up packet must be submitted in any future submission; piecemeal filings will not be entertained.