Judge Salvatore Sirna, Case 21PSCV00780 2022-10-27 Tentative Ruling

Judge: Salvatore Sirna, Case: 21PSCV00780, Date: 2022-10-27 Tentative Ruling

Case Number: 21PSCV00780 Hearing Date: October 27, 2022 Dept: A

Plaintiff United Leasing, Inc.’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff United Leasing, Inc.’s Application for Default Judgment is GRANTED with awarded interesting being adjusted to $6,013.91, reflecting a per annum rate of 9.09% from November 9, 2021, to the date of judgment.

BACKGROUND

In this breach of written lease agreement action, Plaintiff United Leasing, Inc. entered into an agreement with Defendant Francisco J. Cervantes to finance the purchase of a 2016 Volvo 9700. After Defendant failed to make payments, Plaintiff repossessed the vehicle but was unable to resell and has demanded repayment in the amount of $180,934.71. On September 24, 2021, Plaintiff filed a complaint against Defendant individually, Defendant doing business as Fairway Transportation Service, and Does 1-100, alleging the following causes of action:

1. Breach of Written Lease Agreement

2. Open Book Account

3. Account Stated

4. Money Lent

5. Breach of Personal Guaranty

Default prove-up hearing set for October 27, 2022.

ANALYSIS

Legal Standard

Code of Civil Procedure section 585 permits entry of a 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 applies for a default judgment against Defendant in the amount of $68,603.10 along with attorney fees, costs, and 9.09% annual interest.

Plaintiff provides a declaration stating on July 26, 2019, Defendant entered into a finance agreement to cover the purchase of the vehicle, and agreed to make sixty monthly installments of $3,635 commencing on September 10, 2019. (Lewis Decl., ¶ 3-4, Ex. 1.) Defendant also executed a personal guaranty. (Lewis Decl., ¶ 5, Ex. 2.) On December 31, 2020, Defendant failed to make a payment and rejected Plaintiff’s demand to cure the default. (Lewis Decl., ¶ 6.) On January 5, 2021, Plaintiff sent a Notice of Disposition of Collateral to Defendant and on August 4, 2021, sent another written demand for payment with a due date of August 14, 2021. (Lewis Decl., ¶ 12-13, Ex. 4, Ex. 5.) Defendant owed Plaintiff a total sum of $151,681.83 and Plaintiff was credited $83,078.73 after Plaintiff resold the vehicle on November 9, 2021. (Lewis Decl., ¶ 10.) On November 9, 2021, Plaintiff mailed Defendant a Notice of Deficiency in the amount of $83,736.46 (principle of $68,603.10 plus interest of $15,133.36 at 9.09% per annum from November 10, 2021), which Defendant did not pay. (Lewis Decl., ¶ 16-18.)

Thus, the Plaintiff’s application for a default judgment is granted and interest is adjusted to the amount of $6,013.91.