Judge: Salvatore Sirna, Case: 22PSCV01533, Date: 2023-03-23 Tentative Ruling

Case Number: 22PSCV01533    Hearing Date: March 23, 2023    Dept: G

Plaintiff Bank of America, N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Bank of America, N.A.’s Application for Default Judgment is GRANTED.

BACKGROUND

On October 28, 2022, Plaintiff Bank of America, N.A. filed a complaint against Defendant Lawrence W. Peters, Jr. and Does 1-5, alleging a cause of action for common counts in the amount of $28,912.99. On December 5, Plaintiff’s registered process server served Defendant via substitute service in Glendora after five unsuccessful attempts at personal service.

On February 14, 2023, default was entered against Defendant and Plaintiff submitted the present application for default judgment.

A case management conference and OSC Re: Failure to File Proof of Service 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 $29,422.99, including $28,912.99 in damages and $510.00 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.