Judge: Peter A. Hernandez, Case: 22PSCV02843, Date: 2023-11-27 Tentative Ruling

Case Number: 22PSCV02843    Hearing Date: November 27, 2023    Dept: K

Plaintiff Hudson Insurance Company’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Hudson Insurance Company (“Plaintiff”) alleges as follows:

Plaintiff furnished to the State of California, Department of Motor Vehicles, License Bond No. 10005592 (“Bond”) for and at the request of El Pollo Auto, Inc. (“EPA”) and Leopoldo Robles (“Robles”) in the penal sum of $50,000.00. On October 23, 2013, a general indemnity agreement was made by EPA and Robles in Plaintiff’s favor. Thereafter (i.e., “[o]n or about April, 2021”), several claims were made against the Bond. Plaintiff requested that EPA and Robles hold Plaintiff harmless and pay the claims, but they failed to do so. Plaintiff retained counsel who filed an interpleader action and paid the penal sum of the bond pursuant to an interpleader order.

On December 12, 2022, Plaintiff filed a complaint, asserting a cause of action against EPA, Robles and Does 1-20 for:

1.                  Breach of Contract

On April 27, 2023, EPA’s default was entered. On August 2, 2023, Robles’ default was entered.

An Order to Show Cause Re: Default Judgment is set for November 27, 2023.

Discussion

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

1.                  Plaintiff advises that it received claims against the bond, but fails to attach evidence of same. Plaintiff is requested to provide the court with a copy of the referenced complaint for interpleader filed in Case No. 20STCV09077.

2.                  Plaintiff references $11,686.55 in collection fee expenses to Jomax Recovery Services, but fails to provide the court with any explanation as to why and how these expenses were incurred. Plaintiff has not provided the court with any documentary evidence of these expenses.