Judge: Peter A. Hernandez, Case: 23PSCV00685, Date: 2023-08-01 Tentative Ruling

Case Number: 23PSCV00685    Hearing Date: November 20, 2023    Dept: K

Plaintiff Pomona SSYAP, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Pomona SSYAP, LLC (“Plaintiff”) alleges as follows:

Plaintiff employed Jose Lara aka Jose Israel Lara Velazquez (“Lara”) as the sales manager at its retail sales facility from August 28, 2018-November 23, 2022. Lara misappropriated $240,000.00 from Plaintiff.

On March 8, 2023, Plaintiff filed a complaint, asserting causes of action against Lara and Does 1-10 for:

1.                  Conversion—Embezzlement

2.                  Fraud and Deceit

3.                  Violation of Penal Code § 496

4.                  Money Had and Received

On May 2, 2023, Lara’s default was entered.

An Order to Show Cause is set for November 20, 2023.

Discussion

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

1.                  Plaintiff has failed to comply with California Rules of Court rule 3.1110, subdivision (g) (i.e., “[e]xhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter”) with respect to Exhibit 3. Plaintiff has not provided any evidence that Pulido is a “qualified interpreter.”

2.         Plaintiff’s Accounting Manager Sarah Chaparro (“Chaparro”) attests that Plaintiff’s Wells Fargo bank statement reflected a deposit on October 24, 2022 of only $5,000.00 and a deposit on October 26, 2022 of only $750.00. Chaparro is requested to provide the court with a copy of the referenced Wells Fargo bank statement.