Judge: Salvatore Sirna, Case: 23PSCP00103, Date: 2023-10-23 Tentative Ruling

Case Number: 23PSCP00103    Hearing Date: October 23, 2023    Dept: G

Plaintiff Mei Yin’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Mei Yin’s Application for Default Judgment is GRANTED in the reduced amount of $192,594.77.

BACKGROUND

This is an action to recognize a Chinese court judgment. In 2016, Plaintiff Mei Yin filed a breach of promissory note action against Defendant Ying Sheng Fan in the People’s Court of Nanshan, District of Shenzhen, a Chinese court. In September 2017, the Chinese court issued a judgment in Yin’s favor, awarding 289,059.53 renminbi plus interest. In July 2018, Yin alleges the judgment became final after it was upheld by the Shenzhen Intermediate People’s Court. Subsequently, Yin alleges Fan refused to satisfy the judgment and relocated to the United States.

On February 21, 2023, Yin filed the present action against Fan, requesting recognition of the Chinese court’s judgment. On April 3, Yin’s process server personally served Fan in Chino Hills.

On July 28, 2023, default was entered against Fan. On October 13, Yin submitted the present application for default judgment.

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

Yin seeks default judgment against Fan in the total amount of $222,594.77, including $191,673.96 in damages, $30,000 in attorney fees, and $920.81 in costs. Because the court finds Yin has submitted sufficient evidence, the court GRANTS Yin’s application for default judgment but declines to award any attorney fees as Yin has failed to provide any legal authority in support of this request.

CONCLUSION

Based on the foregoing, Yin’s application for default judgment is GRANTED in the reduced amount of $192,594.77.