Judge: Salvatore Sirna, Case: 22PSCV00538, Date: 2023-03-23 Tentative Ruling

Case Number: 22PSCV00538    Hearing Date: March 23, 2023    Dept: G

Plaintiff Gensandimas LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Gensandimas LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from a nursing care agreement. On April 5, 2018, EmeriCare, Inc. (EmeriCare) entered into a written agreement with Defendant Jo Ann Shimizu (Shimizu) and Defendant Thomas Hiroya Eto (Eto) in which EmeriCare agreed to provide nursing facility care and services to Shimizu in exchange for a fee. On September 1, 2020, Plaintiff Gensandimas LLC took over EmeriCare’s operations and was assigned its accounts, including Shimizu’s. As of June 2022, Plaintiff alleges Shimizu and Eto (collectively, Defendants) owe $427,456.70 in charges.

On June 6, 2022, Plaintiff filed a complaint against Defendants and Does 1-20, alleging the following causes of action: (1) breach of written contract, (2) open book account, and (3) quantum meruit. On June 30, Plaintiff’s registered process server personally served Shimizu in San Dimas. Defendants were also served via publication.

On August 8, 2022, default was entered against Shimizu. On January 17, 2023, default was entered against Eto. On March 17, Plaintiff submitted the present application for default judgment.  

An OSC re: Default Judgment is set for March 23, 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 Defendant in the total amount of $501,381.23, including $500,573.72 in damages and $907.51 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.