Judge: Salvatore Sirna, Case: 21PSCV00465, Date: 2022-10-24 Tentative Ruling

Case Number: 21PSCV00465    Hearing Date: October 24, 2022    Dept: A

Plaintiff Xueqing Cai’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Xueqing Cai’s application for default judgment is GRANTED.

BACKGROUND

In this fraud and breach of contract action, Plaintiff signed an agreement with his friend Defendant Jie Xu to lend the Defendant $300,000 for a down payment to purchase a home in Pomona. After Defendant failed to purchase a home, Plaintiff requested his money back and the Defendant only returned $180,000.  On November 12, 2021, Plaintiff filed a Second Amended Complaint against the Defendant and Does 1 through 20, alleging the following causes of action:

1.  Fraud

2.  Breach of Contract

3.  Breach of Implied Covenant of Good Faith and Fair Dealing

4.  Breach of Quasi-Contract

5.  Restitution based on Unjust Enrichment

OSC Re: Default Judgment is set for October 24, 2022.

ANALYSIS
 
The court notes that Plaintiff requested entry of Default on January 20, 2022.  All DOES were dismissed on September 28, 2022.  Relief sought is within amount of prayer of the complaint, and Plaintiff provided a required "Summary of the Case."  Plaintiff also provided the declaration of Xueqing Cai in support of the judgment.

Plaintiff's request for interest as provided by law is supported by the prayer in the First Amended Complaint.  The court finds the interest calculation correct.  ($26,663.01, calculated as follows:  $120,000 x 10% = $12,000; ($12,000 / 365 days per year) x 811 days (July 3, 2020 through September 22, 2022) = $26,663.01.

The default judgement is GRANTED.