Judge: Salvatore Sirna, Case: 23PSCV01082, Date: 2023-08-29 Tentative Ruling

Case Number: 23PSCV01082    Hearing Date: August 29, 2023    Dept: G

Plaintiffs Porsche Leasing Ltd. and Porsche Financial Services, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs Porsche Leasing Ltd. and Porsche Financial Services, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract arising from a vehicle lease agreement. In October 2022, Defendant Yongcheng Sun entered into an agreement to lease a 2023 Porsche Cayenne from Rusnak Pasadena Porsche. The same month, Rusnak Pasadena Porsche assigned its rights, title, and interest in the agreement to Plaintiff Porsche Leasing Ltd. who assigned the agreement to Plaintiff Porsche Financial Services, Inc. for servicing. In November 2022, Sun defaulted on the agreement by failing to make payments due and refused to return the vehicle.

On April 13, 2023, Porsche Leasing and Porsche Financial Services (collectively, Porsche) filed a complaint against Sun and Does 1-10, alleging the following causes of action: (1) possession of personal property, (2) deficiency judgment, (3) foreclosure of security interest with deficiency judgment, (4) breach of express written contract, (5) money lent, and (6) account stated. On April 21, Porsche’s process server served Sun in West Covina with substitute service.

On July 27, 2023, default was entered against Sun. On August 15, Porsche submitted the present application for default judgment.

A case management conference is set for August 29, 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

Porsche seeks default judgment against Sun in the total amount of $119,831.11, including $108,781.24 in damages, $7,540.18 in interest, $2,977.81 in attorney fees, and $531.88 in costs. Because the court finds Porsche has submitted sufficient evidence, the court GRANTS Porsche’s application for default judgment, to include a judgment for possession of the subject vehicle, a 2023 Porsche Cayenne, VIN WP1AA2AYXPDA02406.

CONCLUSION

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