Judge: Peter A. Hernandez, Case: 23PSCV03122, Date: 2024-06-12 Tentative Ruling

Case Number: 23PSCV03122    Hearing Date: June 12, 2024    Dept: K

Plaintiff Santander Bank, N.A.’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Santander Bank, N.A. (“Plaintiff”) alleges as follows:

On January 28, 2022, Cross River Bank (“CRB”) and Clifford Glassman (“Defendant”) entered into a written agreement, wherein CRB agreed to loan money to Defendant in exchange for Defendant’s repayment. After the loan funds were disbursed to Defendant, Defendant’s account was transferred to Upgrade, Inc. (“Upgrade”), who in turn transferred Defendant’s loan to Plaintiff. Defendant subsequently failed to repay the loan.

On October 10, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant for:

1.                  Breach of Contract

2.                  Money Lent, Paid or Expended

On March 5, 2024, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment was set for June 12, 2024.

Discussion

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

1.                  Exhibit “A” to the Declaration of David Ware references a “Loan Sale Agreement (as amended and restated)” as between CRB and Upgrade, as well as a “Loan Sale and Purchase Agreements” between Upgrade and Plaintiff. Plaintiff is requested to provide the court with a copy of the aforesaid agreements, reflecting that the subject loan was assigned by CRB to Upgrade and from Upgrade to Plaintiff.