Judge: Salvatore Sirna, Case: 22PSCV00436, Date: 2023-02-06 Tentative Ruling

Case Number: 22PSCV00436    Hearing Date: February 6, 2023    Dept: G

Plaintiff American Express National Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff American Express National Bank’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card account. Defendants Waylon Huang and Oss Beauty, Inc. opened a credit card account with Plaintiff American Express National Bank. Plaintiff alleges Defendants became indebted to Plaintiff within the last four years and owe an outstanding balance of $193,260.22.

On May 6, 2022, Plaintiff filed a complaint against Defendants and Does 1-10, alleging a single cause of action for common counts. On August 29, Plaintiff’s registered process server effected substitute service on Defendants at a residence in Rowland Heights.

On November 9, 2022, default was entered against Defendants and Plaintiff submitted the present application for default judgment.  

A case management conference is set for February 6, 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

Plaintiff seeks default judgment against Defendants in the total amount of $194,295.17, including $193,260.22 in damages and $1,034.95 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.