Judge: Peter A. Hernandez, Case: 23PSCV01653, Date: 2023-10-31 Tentative Ruling

Case Number: 23PSCV01653    Hearing Date: October 31, 2023    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 February 24, 2022, Aei Final Solutions, LLC (“Aei”) and Celtic Bank (“Celtic”) entered into a Business Loan and Security Agreement with accompanying supplement (“BLSA”) wherein Celtic agreed to loan monies to Aei in exchange for repayment. Allan Inocencio (“Inocencio”) contemporaneously executed a personal guaranty. Celtic subsequently assigned its rights, title and interest under the BLSA to Plaintiff. Aei and Inocencio have failed to make payments due.

On June 2, 2023, Plaintiff filed a complaint, asserting a cause of action against Aei, Inocencio and Does 1-10 for:

1.      Breach of Contract

On October 12, 2023, Aei’s and Inocencio’s defaults were entered.

A Case Management Conference is set for October 31, 2023.

Discussion

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

Plaintiff’s Custodian of Records Cathleen Pugh (“Pugh”) attests that “Plaintiff’s assignor CELTIC BANK assigned the claim to Plaintiff who is now the lawful owner of the claim.” Pugh, however, has failed to provide the court with a copy of the assignment.