Judge: Rupert A. Byrdsong, Case: 23STCV00330, Date: 2025-06-13 Tentative Ruling

Case Number: 23STCV00330    Hearing Date: June 13, 2025    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  June 13, 2025

Case Name:                                     Velocity Investments, LLC v. Jimenez, et al.

Case No.                                          23STCV00330

Motion                                             Default Judgment

Moving Party:                                 Plaintiff Velocity Investments, LLC

Responding Party:                          Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiff Velocity Investments, LLC’s request for entry of                                                                             default judgment in its favor and against Defendant Rommel                                                                     Jimenez AKA is DENIED.

BACKGROUND

On January 6, 2023, Plaintiff Velocity Investments, LLC (“Plaintiff”) filed a complaint against Rommel Jimenez AKA (“Defendant”) and Does 1through 10. Plaintiff alleged causes of action for (1) breach of contract and (2) open book account.

Plaintiff alleges Defendant opened up a credit account with Cross River Bank, who assigned the account to Plaintiff. Plaintiff claims Defendant assented to the terms of the credit agreement and promised to pay Cross River Bank and its successors any amount of interest, charges, or fees on the credit account. Allegedly, Defendant stopped making payments on the account, so Plaintiff is suing to collect the amount due.

On July 29, 2024, Plaintiff filed an amended proof of service showing that Plaintiff used substitute service to serve Jimenez at his residence at 1106 West 18th Street, Los Angeles, California, 90015. Plaintiff effected service on November 9, 2023. The clerk rejected Plaintiff’s request for entry of default on April 23, 2024.

ANALYSIS

Code of Civil Procedure (“CCP”) Section 585 permits entry of a judgment after a defendant’s default has been entered.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP Section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  CRC 3.1800.

JC Form CIV-100 must be used to request court judgment.  Item number 2 must be completed.  Item number 8 must be completed if the Defendant is an individual.  Plaintiff must submit a proposed form of judgment. 

Here, the clerk never entered default. On April 23, 2024, the clerk rejected Plaintiff’s request for entry of default because the case names on the CIV-100 form were inconsistent, the declaration date was prior to the mailing date, and there was an incorrect proof of service. The clerk has previously rejected Plaintiff’s request for entry of default in May of 2023. Since this most recent rejection, Plaintiff has amended its proof of service, but Plaintiff has not refiled a corrected CIV-100 form per the instructions in the clerk’s notice of rejection. Plaintiff has filed a proposed form of judgment, but the Clerk rejected this filing, so the proposed judgment is not properly before the Court.

CONCLUSION

Therefore, Plaintiff Velocity Investments, LLC’s request for entry of default judgment in its favor and against Defendant Rommel Jimenez AKA is DENIED.