Judge: Salvatore Sirna, Case: 22PSCV00779, Date: 2023-02-23 Tentative Ruling

Case Number: 22PSCV00779    Hearing Date: February 23, 2023    Dept: G

Plaintiff SCP Distributors, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff SCP Distributors, LLC’s Application for Default Judgment is GRANTED with damages against all Defendants in the amount of $65,059.42 and damages against only Defendants Pool Logic Design and Construction, Inc. and Jeffrey Martija in the amount of $19,149.16.

BACKGROUND

This is a breach of contract action arising from business credit agreement. On May 16, 2016, Plaintiff SCP Distributors, LLC entered into a written agreement with Defendant Pool Logic Design and Construction, Inc. (Pool Logic) in which Plaintiff agreed to provide a line of business credit to Pool Logic. The agreement was guaranteed by Pool Logic’s owner, Defendant Jeffrey Martija (Martija). On March 16, 2021, Plaintiff also executed a promissory note with Pool Logic in the amount of $140,000, which was signed by Martija and Defendant Asia Jaeger (Jaeger). Plaintiff alleges Pool Logic breached the agreement by failing to make payments.

On July 27, 2022, Plaintiff filed a complaint against Pool Logic, Martija, and Jaeger (collectively, Defendants), alleging the following causes of action: (1) breach of contract–credit agreement, (2) breach of contract–personal guarantee, (3) breach of contract–promissory note, and (4) quantum meruit/unjust enrichment. In October, Plaintiff served Defendants via publication.

On December 5, 2022, default was entered against Defendants. On December 7, Plaintiff submitted an application for default judgment. On February 6, 2023, the court denied Plaintiff’s application.   

Plaintiff filed the present application for default judgment on February 14, 2023. An OSC Re: Default Judgment is set for February 23.    

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 $76,730.59, including $58,707.59 in damages, $3,232.94 in interest, $17,987.40 in attorney fees, and $4,119.82 in costs. Because Plaintiff has provided sufficient evidence, Plaintiff’s application is GRANTED with the following modifications.

First, damages against all Defendants are reduced to $65,059.42, including $40,604.91 in damages on the unpaid promissory note, $2,347.29 in interest, $17,987.40 in attorney fees, and $4,119.82 in costs. The court reduces these damages because Jaeger is not liable for $18,102.68 under the credit agreement as only Martija signed a personal guaranty for that agreement.

Second, additional damages against only Pool Logic and Martija are awarded in the amount of $19,149.16, including $18,102.68 in damages on the credit agreement and $1,046.48 in interest.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED with damages against all Defendants in the amount of $65,059.42 and damages against only Pool Logic and Martija in the amount of $19,149.16.

Plaintiff to submit two (2) separate judgments consistent with the court's ruling.