Judge: Salvatore Sirna, Case: 22PSCV03127, Date: 2023-05-25 Tentative Ruling

Case Number: 22PSCV03127    Hearing Date: May 25, 2023    Dept: G

Plaintiff American Express National Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff American Express National 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 American Express National Bank extended credit through a credit card account to Defendants Jano Akillian (Akillian) and Truemax Inc. (Truemax). Subsequently, Plaintiff alleges Defendants became indebted in the amount of $43,104.02.

On December 30, 2022, Plaintiff filed a complaint against Defendants and Does 1-10, alleging a sole cause of action for accounting. On February 14, 2023, Plaintiff’s registered process server served Defendants with substitute service in Glendale.

On April 19, 2023, default was entered against Defendants and Plaintiff 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

Plaintiff seeks default judgment against Defendants in the total amount of $43,901.83, including $43,104.02 in damages and $797.81 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.