Judge: Ronald F. Frank, Case: 23TRCV04310, Date: 2024-10-28 Tentative Ruling

Case Number: 23TRCV04310    Hearing Date: October 28, 2024    Dept: 8

Tentative Ruling on Request for Entry of $550,000 Default Judgment Plus Interest, Costs and Attorney’s Fees

23TRCV04310 JOHN A. YERESSIAN vs STEPHANIE ANDREA MARTINEZ ESPINOZA, et al.

Hearing: October 28, 2024

The Request for Entry of a Moey Judgment is Denied, without prejudice to a new request being filed in the future with a proper supporting declaration. 

Plaintiff’s CCP section 585 Declaration lacks sufficient details for the Court to enter a judgment as requested.  While proofs of personal service as to the individual defendants have been filed, there is no written contract attached to the Yeresssian Declaration, there is no description of how much money was loaned to each defendant on what dates given that the Declaration says a series of loans were made both in writing and orally, and that the amended complaint makes allegations as to purchases of items such as a ring and an automobile without any details as to any loan relating to those items of tangible personal property.  There is no statement as to attorney’s fees by any lawyer, and the Declaration’s statement that the pertinent documents are attached fails to show or prove a contract or prove that the defendants made a contract in writing with an attorney fee provision.  The Declaration says that repayment was to occur over a 24-month period but it also states that the only attempt to pursue repayment occurred after 12 months.  The Declaration does not state that no moneys have been repaid or that no interest has been repaid.