Judge: Salvatore Sirna, Case: 21PSCV00880, Date: 2023-01-26 Tentative Ruling

Case Number: 21PSCV00880    Hearing Date: January 26, 2023    Dept: G

Plaintiff Bank of America, N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Bank of America, N.A.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. On July 19, 1995, Defendant Jose Chilin opened an account with FIA Card Services, N.A., who subsequently merged with Plaintiff Bank of America, N.A. on October 1, 2014. Defendant last made a payment on March 12, 2020 and Plaintiff charged off the account on April 30, 2021.

On October 28, 2021, Plaintiff filed a complaint against Defendant and Does 1-10, alleging a cause of action for common counts. On March 6, 2022, Plaintiff’s registered process server personally served Defendant in La Puente.

On January 3, 2023, default was entered against Defendant and Plaintiff submitted the present application for default judgment. An OSC Re: Default Judgment is set for January 26.    

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.) 

ANALYSIS

Plaintiff seeks default judgment against Defendant in the total amount of $32,246.18, including $31,688.10 in damages and $558.08 in costs. Because the court finds Plaintiff has submitted sufficient evidence, the court GRANTS Plaintiff’s application for default judgment.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED.