Judge: Rupert A. Byrdsong, Case: 23STCV29486, Date: 2024-11-21 Tentative Ruling

Case Number: 23STCV29486    Hearing Date: November 21, 2024    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  November 21, 2024    

Case Name:                                      TH Auto LLC v. Avetisyan, et al.

Case No.:                                           23STCV29486                                               

Motion:                                              Default Judgment

Moving Party:                                 Plaintiff TH Auto LLC

Responding Party:                         Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiff’s request for entry of default judgment in its favor                                                                         and against Defendant Arman Avetich Avetisyan is DENIED.

BACKGROUND

On December 1, 2023, Plaintiff TH Auto LLC (“Plaintiff”) filed a complaint against Arman Avetich Avetisyan an individual doing business as Auto Galleria (“Defendant”) and Does 1 through 25. Plaintiff alleged causes of action for (1) breach of contract, (2) fraud and intentional misrepresentation, (3) negligent misrepresentation, (4) conversion, and (5) violation of Business and Professions Code Section 17200.

Plaintiff alleges it purchased three separate 2023 Mercedes-Benz GLS 450w4 vehicles from Defendant and paid 95% of the purchase price for each vehicle. Plaintiff claims that it was supposed to pay the final 5% once Defendant transferred title of the vehicles to Plaintiff. Allegedly, after multiple inquiries, Defendant failed to transfer the titles, causing damages to Plaintiff.

Plaintiff substitute served Defendant on December 18, 2023. The Clerk entered default against Defendant on July 8, 2024. This is Plaintiff’s firs request for entry of default judgment.

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, Plaintiff has filed CIV-100 Forms for Defendant and completed item 2 and 8 on the form. However, Plaintiff has not dismissed the Doe Defendants from this action. Similarly, Plaintiff’s proposed form of judgment on the JUD-100 form leaves item 6 blank. Given these deficiencies, the Court cannot enter default judgment. To obtain default judgment, Plaintiff must dismiss the Doe defendants from this case and refile a completed JUD-100 form. The amount of damages on the JUD-100 form must match Item 2 of the CIV-100 form exactly.

CONCLUSION

Therefore, Plaintiff’s request for entry of default judgment in its favor and against Defendant Arman Avetich Avetisyan is DENIED.