Judge: Salvatore Sirna, Case: 23PSCV00847, Date: 2023-08-09 Tentative Ruling

Case Number: 23PSCV00847    Hearing Date: August 9, 2023    Dept: G

Plaintiff Wells Fargo Bank, N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Wells Fargo Bank, N.A.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. On December 1, 1990, Defendant Cary J. Lalonde opened a credit card account with Plaintiff Wells Fargo Bank, N.A. Subsequently within the last four years, Defendant allegedly had an unpaid balance of $26,254.89 and breached the credit card agreement.

On March 22, 2023, Plaintiff filed a complaint against Defendant, alleging the following causes of action: (1) breach of contract and (2) common counts. On May 2, Plaintiff’s process server served Defendant with substitute service in San Dimas.

On July 27, 2023, default was entered against Defendant and Plaintiff submitted the present application for default judgment.

A case management conference is set for August 9, 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 Defendant in the total amount of $27,594.74, including $26,254.89 in damages, $800 in attorney fees, and $539.85 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.