Judge: Salvatore Sirna, Case: 23PSCV00756, Date: 2023-09-28 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 23PSCV00756    Hearing Date: November 15, 2023    Dept: G

Plaintiff Alfredo Talavera Huirache’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Alfredo Talavera Huirache’s Application for Default Judgment is GRANTED.

BACKGROUND

This is an action for contractual fraud. In October 2020, Defendant U.S. Fleet Disposal Inc. (U.S. Fleet) transferred ownership of a 2012 Ford F-750 truck to Defendant Skyfleet Used Auto & Truck Sales (Skyfleet). In the same month, Plaintiff Alfredo Talavera Huirache purchased the truck from Skyfleet for $41,000 with a $30,000 down payment. During the sale of the truck, Talavera Huirache alleges the salesperson for U.S. Fleet and Skyfleet promised that the front and rear brakes of the truck would be repaired along with the truck’s ABS sensor and key switch.

From November 2021 to April 2022, Talavera Huirache alleges U.S. Fleet and Skyfleet failed to make the promised repairs. In January 2023, Talavera Huirache spoke with Defendant Rajesh Sharma who told Talavera Huirache to leave the truck with them at U.S. Fleet’s City of Industry office and personally promised to ensure the brakes were repaired. Talavera Huirache then alleges that Sharma failed to return phone calls and that all defendants failed to make the promised repairs or return Talavera Huirache’s truck.

On March 14, 2023, Talavera Huirache filed a complaint against U.S. Fleet, Skyfleet, Sharma, and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) fraud, (3) conversion, and (4) declaratory relief. On March 24, Talavera Huirache’s process server personally served U.S. Fleet, Skyfleet, and Sharma in the City of Industry.

On May 10, 2023, default was entered against U.S. Fleet, Skyfleet, and Sharma. On September 21, Talavera Huirache submitted an application for default judgment that the court denied on September 28. On October 30, Talavera Huirache filed the present application for default judgment.

A OSC Re: Default Judgment is set for November 15, 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

Talavera Huirache seeks default judgment against U.S. Fleet, Skyfleet, and Sharma in the total amount of $100,720, including $100,000 in damages and $720 in costs. Because Talavera Huirache has provided sufficient evidence, the court GRANTS Talavera Huirache’s application for default judgment.

CONCLUSION

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