Judge: Salvatore Sirna, Case: 21PSCV00430, Date: 2023-04-10 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 21PSCV00430    Hearing Date: April 10, 2023    Dept: G

Plaintiff Jesse Mejia’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Jesse Mejia’s Application for Default Judgment is GRANTED in the reduced amount of $85,385.

BACKGROUND

This is a contractual fraud action. On August 2, 2019, Plaintiff Jesse Mejia entered into a written contract with Ronald Lewis Wood, Jr. (Wood) and 5150 Restoration (collectively, Defendants) in which Defendants agreed to perform custom ground up restoration and modification of Plaintiff’s 1965 Chevy C10 for $16,500. After Plaintiff paid a $14,850 deposit, Plaintiff alleges Wood used the money for personal uses, swindled Plaintiff’s money, and failed to perform under the contract. In addition, Plaintiff alleges Defendants stole or damaged parts from Plaintiff’s vehicle including the engine, transmission, brake booster, speedometer, alternator, exterior stainless trim pieces, bumper, trunk ornaments, electrical wiring, and an after-market stereo system.

On May 24, 2021, Plaintiff filed a complaint against Defendants and Does 1-10, alleging the following causes of action: (1) breach of contract, (2) common counts, and (3) fraud.

On June 11, 2021, Plaintiff personally served Defendants in San Dimas.  

On August 11, 2021, default was entered against Wood. On October 14, default was entered against 5150 Restoration. On August 9, 2022, Plaintiff submitted an application for default judgment and the court continued hearings on August 9 and October 5.

On October 17, 2022, Plaintiff submitted the present application for default judgment. At a hearing on January 12, 2023, the court denied Plaintiff’s application and directed Plaintiff to resubmit the application through a supplemental declaration.  

An OSC Re: Default Judgment is set for April 10, 2023.    

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  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 or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.) 

DISCUSSION

Plaintiff seeks default judgment against Defendant in the total amount of $87,085, including $86,500 in damages and $585 in costs. Because the court finds Plaintiff has submitted sufficient evidence, the court GRANTS Plaintiff’s application for default judgment with the following modification.

While Plaintiff requests $16,500 as the contract price for restoration of Plaintiff’s truck, Plaintiff also stated Plaintiff received a discount from Defendant and ended up only paying $14,800. (Mejia Decl., ¶ 8, 22.) Because Plaintiff provided evidence that the parties agreed on a lower price, Plaintiff has not established an entitlement to the original price of $16,500. Thus, the amount of damages awarded will be reduced to $84,800 for a total default judgment of $85,385.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED in the reduced amount of $85,385.