Judge: Peter A. Hernandez, Case: 22PSCV02685, Date: 2023-12-14 Tentative Ruling

Case Number: 22PSCV02685    Hearing Date: March 25, 2024    Dept: K

Plaintiff ODK Capital, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff ODK Capital, LLC (“Plaintiff”) alleges as follows: On July 28, 2021, JJMG Management and Celtic Bank (“Celtic”) entered into a Business Loan and Security Agreement with accompanying supplement (“BLSA”) wherein Celtic agreed to loan monies to JJMG Management in exchange for repayment. Defendant Chungjeng Tang (“Tang”) contemporaneously executed a personal guaranty. Celtic subsequently assigned its rights, title and interest under the BLSA to Plaintiff. Defendant has failed to make payments due.

On December 9, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for:

1.                  Breach of Contract

On October 25, 2023, Defendant’s default was entered.

A Case Management Conference is set for December 14, 2023.

Discussion

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

The court previously denied Plaintiff’s Application for Default Judgment without prejudice on December 14, 2023 on the basis that Plaintiff’s Custodian of Records Cathleen Pugh failed to provide the court with a copy of the assignment. On January 4, 2024, a “Supplemental Declaration in Support of Default Judgment” was filed, wherein attorney Jennifer S. Thomas (“Thomas”) purported to attach a copy of the assignment. It is unclear to the court how Thomas would be able to authenticate the assignment.