Judge: Salvatore Sirna, Case: 23PSCV00267, Date: 2023-06-22 Tentative Ruling

Case Number: 23PSCV00267    Hearing Date: June 22, 2023    Dept: G

Plaintiff Strategic Funding Source, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Strategic Funding Source, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from a loan agreement. On May 17, 2022, Plaintiff Strategic Funding Source, Inc. entered into a written loan agreement with Defendants Liz Barbershop LLC and Elizabeth Larimore in which Plaintiff agreed to loan Defendants $36,400. On August 1, Plaintiff entered into another loan agreement with Defendants that was cancelled on August 8. After Defendants cancelled the agreement, Defendants returned the second loan of $38,997.01. However, Plaintiff alleges Plaintiff then accidently disbursed the same amount back to Defendants. Plaintiff alleges Defendants refused to return the mistakenly disbursed funds.

On January 30, 2023, Plaintiff filed a complaint against Defendants and Does 1-30, alleging the following causes of action: (1) breach of contract, (2) breach of contract, (3) unjust enrichment, and (4) money had and received. On February 11, Plaintiff’s process server served Defendants with substitute service in Hacienda Heights.

On April 3, 2023, default was entered against Liz Barbershop LLC and on April 12, default was entered against Larimore. On May 19, Plaintiff submitted the present application for default judgment.

A case management conference is set for June 22, 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 $89,322.18, including $81,289.01 in damages, $5,437.41 in interest, $1,658.76 in attorney fees, and $937 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.