Judge: Salvatore Sirna, Case: 22PSCV00160, Date: 2023-11-21 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: 22PSCV00160    Hearing Date: November 21, 2023    Dept: G

Plaintiff On Deck Capital, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff On Deck Capital, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In March 2020, Celtic Bank entered into a written agreement with Defendant SGV Food Corporation (SGV Food) in which Celtic Bank agreed to provide a business loan to SGV Food that was personally guaranteed by Defendant Jennifer Chan. Subsequently, SGV Food and Chan defaulted on the loan within the last four years and the debt was assigned to Plaintiff On Deck Capital, Inc. (On Deck Capital).

On February 17, 2022, On Deck Capital filed a complaint against SGV Food, Chan, and Does 1-10, alleging breach of contract. On March 19, On Deck Capital’s process server served SGV Food and Chan with substitute service in Rowland Heights.

On January 23, 2023, default was entered against SGV Food and Chan and On Deck Capital submitted an application for default judgment. On February 9, the court denied On Deck Capital’s application and vacated the entry of default against Chan. On June 1, On Deck Capital’s process server served SGV Food and Chan with substitute service in Rowland Heights.

On October 10, 2023, default was entered against SGV Food and Chan. On October 26, On Deck Capital submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for November 21, 2023.

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

On Deck Capital seeks default judgment against SGV Food and Chan in the total amount of $84,718.37, including $81,263.65 in damages, $2,515.27 in attorney fees, and $939.45 in costs. Because the court finds On Deck Capital has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, On Deck Capital’s application for default judgment is GRANTED.