Judge: Peter A. Hernandez, Case: 23PSCV01125, Date: 2024-01-04 Tentative Ruling

Case Number: 23PSCV01125    Hearing Date: January 4, 2024    Dept: K

Plaintiff Cathay Bank’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Cathay Bank (“Plaintiff”) alleges as follows:

On October 18, 2021, Joyful Worldwide Inc. (“JWI”) executed and delivered to Plaintiff a Business Loan Agreement (“BLA”) and a promissory note for the principal amount of $50,000.00 (“Note”). Yong Hoon Lee (“Lee”) executed a continuing Commercial Guaranty of the Note and BLA. Joyful failed to pay the entire balance due under the Note when it matured on November 1, 2022.

On April 17, 2023, Plaintiff filed a complaint, asserting causes of action against Joyful, Lee and Does 1-100 for:

1.                  Breach of Written Promissory Note and Business Loan Agreement

2.                  Breach of Written Guaranty

3.                  Money Lent

4.                  Account Stated

5.                  Indebtedness

On June 20, 2023, JWI’s and Lee’s defaults were entered.

An Order to Show Cause Re: Default Judgment is set for January 4, 2024.

Discussion

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

Plaintiff has not provided the court with the original promissory note or explained why the court should accept a copy of same in lieu thereof. Pursuant to California Rules of Court Rule 3.1806, “[i]n all cases in which a judgment is rendered upon a written obligation to pay money, the clerk must, at the time of entry of judgment, unless otherwise ordered, note over the clerk’s official signature and across the face of the writing the fact of rendition of judgment with the date of the judgment and the title of the court and the case.”