Judge: Salvatore Sirna, Case: 22PSCV03123, Date: 2023-05-25 Tentative Ruling

Case Number: 22PSCV03123    Hearing Date: May 25, 2023    Dept: G

Plaintiffs Cobah Management, LLC and Douglas Alvey’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs Cobah Management, LLC and Douglas Alvey’s Application for Default Judgment is TENTATIVELY GRANTED.

The court will enter default judgment for Plaintiffs in the amount of $20,058.05 upon Plaintiffs’ dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court and upon Plaintiffs’ submission of a proposed judgment for the court’s signature.

BACKGROUND

This is a breach of contract action arising from an HVAC installation agreement. On June 28, 2022, Plaintiffs Cobah Management, LLC (Cobah LLC) and Douglas Alvey (Alvey) entered into a written agreement with Defendant Kristopher Martin in which Plaintiffs agreed to pay $29,660, including a deposit of $18,240, in exchange for Defendant installing an HVAC system in Plaintiffs’ Pomona pawn shop. Plaintiffs allege Defendant breached the agreement by failing to complete the installation and refusing to return Plaintiffs’ $18,240 deposit.

On December 30, 2022, Plaintiffs filed a complaint against Defendant and Does 1-20, alleging the following causes of action: (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) conversion. On January 22, 2023, Plaintiffs’ registered process server served Defendant with substitute service in La Mirada.

On April 27, 2023, default was entered against Defendant. On May 16, Plaintiffs submitted the present application for default judgment.

A case management conference is set for May 25, 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

Plaintiffs seek default judgment against Defendant in the total amount of $20,058.05, including $18,240 in damages, $1,216 in interest, and $602.05 in costs. Because the court finds Plaintiffs have submitted sufficient evidence, the court GRANTS Plaintiffs’ application for default judgment.

CONCLUSION

Based on the foregoing, Plaintiffs’ application for default judgment is TENTATIVELY GRANTED.

The court will enter default judgment for Plaintiffs in the amount of $20,058.05 upon Plaintiffs’ dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court and upon Plaintiffs’ submission of a proposed judgment for the court’s signature.