Judge: Salvatore Sirna, Case: 22PSCV00018, Date: 2023-10-12 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 a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV00018    Hearing Date: March 15, 2024    Dept: G

Plaintiff Leslie Roberts’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Leslie Roberts’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract and fraud action. On June 21, 2021, Plaintiff Leslie Roberts entered into an agreement with DB West Construction, Inc. (DB West) and Daniel Baughman (collectively, Defendants) in which Defendants agreed to perform construction and renovation work on Roberts’s residence in Covina. Roberts alleges various defects, life safety issues, and code violations because of Defendants’ work, resulting in Roberts having to hire a different contractor and incur damages in excess of $64,000.

On January 10, 2022, Roberts filed a complaint against Defendants and Does 1-20, alleging the following: (1) breach of contract, (2) negligent construction, (3) intentional misrepresentation, (4) negligence supervision of construction, and (5) negligence. On May 19, Roberts filed a First Amended Complaint (FAC) against the same defendants, only alleging (1) breach of contract and (2) intentional misrepresentation. On October 12, Roberts filed a Second Amended Complaint (SAC) against the same defendants alleging the same causes of action.

On April 10, 2023, the court struck Defendants’ answer after they failed to appear and secure counsel.

On July 25, 2023, default was entered against Baughman. On August 1, default was entered against DB West. On August 24, Roberts submitted an application for default that the court denied on October 12.

On January 22, 2024, Roberts submitted a new proposed judgment for a yet-to-be-filed default judgment application. On February 1, the court advised Roberts’s counsel that counsel must submit a complete default judgment packet. On February 2, Roberts submitted another proposed judgment, statement of case, and declarations. On March 7, the court denied Roberts’s application as incomplete.

On March 8, 2024, Roberts filed the present application for default judgment. An OSC Re: Default/Default Judgment is set for March 15.

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

Roberts seeks default judgment against Baughman and DB West in the total amount of $77,540, including $64,000 in damages, $12,800 in interest, and $740 in costs. Because the court finds Roberts has submitted sufficient evidence, the court GRANTS Roberts’s application for default judgment.

CONCLUSION

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