Judge: Salvatore Sirna, Case: 22PSCV00136, Date: 2022-12-13 Tentative Ruling

Case Number: 22PSCV00136    Hearing Date: December 13, 2022    Dept: G

Plaintiff Wang Bhi Chu’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Wang Bhi Chu’s Application for Default Judgment is DENIED without prejudice.

BACKGROUND

This is an action arising from a purported investment opportunity. On November 10, 2021, Plaintiff Wang Bhi Chu gave $10,000 to Defendants Yao Chuan Tsai (Tsai) and Sammi Fashion (Fashion). Defendants claimed they had a friend in Wall Street who was a CEO that traded stocks and was very knowledgeable in stock market investing. Defendants promised returns of $5,000 within one week, stated they guaranteed all investments, and agreed to return Plaintiff’s principal investment if Plaintiff was not satisfied with the returns. On November 20, Tsai gave Plaintiff a check for $10,000 to confirm Defendants would return Plaintiff’s money. After Plaintiff was not given any investment returns, Plaintiff reached out to Defendants and was unable to get in contact with them. On January 13, 2022, Plaintiff attempted to cash the $10,000 check from Tsai and the check bounced due to insufficient funds.

On February 9, 2022, Plaintiff filed a complaint against Defendants and Does 1-20, alleging the following causes of action: (1) breach of contract and (2) fraud.

On May 20, 2022, default was entered against Defendants. On November 10, Plaintiff submitted the present application for default judgment.  

An OSC: Re Default Judgment is set for December 13, 2022.    

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. The court DENIES Plaintiff’s application without prejudice because Plaintiff has filed an incomplete CIV-100 form. Plaintiff did not complete Section 2 which required Plaintiff to state the judgment to be entered by listing the damages, interests, attorney fees, and costs requested.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is DENIED without prejudice.