Judge: Salvatore Sirna, Case: 22PSCV03069, Date: 2023-10-12 Tentative Ruling

Case Number: 22PSCV03069    Hearing Date: October 12, 2023    Dept: G

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In September 2019, Citibank, N.A. (Citibank) charged off a credit card account held by Plaintiff Seonah Lee with a past-due balance of $40,214.15. Subsequently, the balance was reduced to $39,689.70 and Plaintiff Cavalry SPV I, LLC (Cavalry) purchased the debt.

On December 23, 2022, Cavalry filed a complaint against Lee and Does 1-100 alleging the following causes of action: (1) account stated and (2) open book account. On January 16, 2023, Cavalry’s process server personally served Lee in Walnut.

On August 22, 2023, default was entered against Lee and Cavalry submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for October 12, 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

Cavalry seeks default judgment against Lee in the total amount of $40,193.20, including $39,689.70 in damages and $503.50 in costs. Because the court finds Cavalry has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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