Judge: Salvatore Sirna, Case: 22PSCV01676, Date: 2023-08-23 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV01676    Hearing Date: August 23, 2023    Dept: G

Plaintiff Discover Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Discover Bank’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. Within the last four years, Plaintiff Discover Bank (Discover) alleges Defendant Miriam M. Colca had a credit card account and owes outstanding payments totaling $25,423.93.

On November 4, 2022, Discover filed a complaint against Colca for common counts. On January 25, 2023, Discover’s process server served Colca with substitute service in San Dimas.

On July 24, 2023, default was entered against Colca and Discover submitted the present application for default judgment.

An OSC Re: Default Judgment is set for August 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

Discover seeks default judgment against Colca in the total amount of $25,925.93, including $25,423.93 in damages and $502 in costs. Because the court finds Discover has submitted sufficient evidence, the court GRANTS Discover’s application for default judgment.

CONCLUSION

Based on the foregoing, Discover’s application for default judgment is GRANTED.