Judge: Peter A. Hernandez, Case: 22PSCV01577, Date: 2023-07-20 Tentative Ruling

Case Number: 22PSCV01577    Hearing Date: July 20, 2023    Dept: K

Plaintiff Velocity Investments, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

This is a Fair Debt Buying Practices Act case. On October 31, 2022, Plaintiff Velocity Investments, LLC (“Plaintiff”) filed a complaint, asserting causes of action against Defendant Julio Regil (“Defendant”) and Does 1-10 for:

1.                  Breach of Contract

2.                  Open Book Account

On June 13, 2023, Defendant’s default was entered.

A Case Management Conference, an Order to Show Cause Re: Default Judgment and an Order to Show Cause Re: Why Counsel Should Not be Sanctioned for $150 for Failure to Appear on March 27, 2023 are set for July 20, 2023.

Discussion

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

Plaintiff seeks attorney’s fees pursuant to Civil Code § 1717 (Mandarich Decl., ¶ 4), but has failed to identify an attorney’s fees provision in the contract.