Judge: Peter A. Hernandez, Case: 22PSCV02116, Date: 2023-08-10 Tentative Ruling

Case Number: 22PSCV02116    Hearing Date: August 10, 2023    Dept: K

Plaintiff Creditors Adjustment Bureau, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by Nanjing Houston Trade & Business Co Ltd. (“Assignor”). Plaintiff alleges Defendant KL Global International Corp. (‘Defendant”) became indebted to Assignor for goods sold and delivered and/or services rendered at Defendant’s request.

On November 30, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Open Book Account

2.                  Account Stated

3.                  Reasonable Value

On February 3, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for August 10, 2023.

Discussion

Plaintiff’s Application for Default Judgment (filed May 8, 2023) is DENIED without prejudice.

The following defects are noted:

Plaintiff previously (i.e., on February 21, 2023) filed, inter alia, a 37-page “Declaration

Pursuant to C.C.P. Section 585; and Assignment.” The aforesaid declaration attached a “Collection Trust Deed” as part of Exhibit 1, which appeared to be an assignment of the debt from Assignor to China Export & Credit Insurance Corporation, not to Plaintiff. The court, in denying Plaintiff’s application for default judgment on May 10, 2023, advised that the aforesaid assignment must be addressed in any future filing. The court also noted that Portions of Exhibit 1 are written in Chinese and advised that translation of same needed to be provided from a certified translator. (Cal. Rules Court rule 3.1110, subd. (g); Evid. Code § 751; Gov. Code § 68561.)

On May 8, 2023, Plaintiff filed this instant application. The resubmitted “Declaration Pursuant to C.C.P. Section 585; and Assignment,” while now executed, is only 8 pages and no longer includes the “Collection Trust Deed” or any pages requiring translation. Plaintiff is instructed to explain why these documents were omitted and to address the assignment issue.