Judge: Salvatore Sirna, Case: 22PSCV00596, Date: 2023-03-22 Tentative Ruling

Case Number: 22PSCV00596    Hearing Date: March 22, 2023    Dept: G

Plaintiff Connie Woo’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Connie Woo’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. On November 29, 2021, Plaintiff Connie Woo entered into a written agreement with Defendant Duoduo Hong, also known as Duodua Hong, in which Plaintiff agreed to sell Defendant a manufactured home, subject to a payment plan. Plaintiff alleges Defendant breached the agreement on February 23, 2022, by failing to make payments under the agreement and refusing to allow Plaintiff to regain possession of the manufactured home.

On June 17, 2022, Plaintiff filed a verified complaint against Defendant and Does 1-25, alleging default under a written security agreement and possession of collateral and/or an order for sale. On August 24, Defendant was personally served by the Los Angeles County Sheriff’s Department in Walnut.

On September 27, 2022, default was entered against Defendant. On February 7, 2023, Plaintiff submitted an application for default judgment. On February 14, the court denied Plaintiff’s application.

On March 1, 2023, Plaintiff filed the present application. An OSC Re: Default Judgment is set for March 22, 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 $175,000 in damages.¿ 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.