Judge: Salvatore Sirna, Case: 23PSCV01173, Date: 2023-09-28 Tentative Ruling

Case Number: 23PSCV01173    Hearing Date: September 28, 2023    Dept: G

Plaintiff Mediterranean Shipping Co.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Mediterranean Shipping Co.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action. In March 2015, Plaintiff Mediterranean Shipping Co. (Mediterranean) and Defendant JB Power Inc. (JB Power) entered into a Uniform Intermodal Interchange and Facilities Access Agreement. Subsequently, Mediterranean alleges JB Power breached the agreement and damages Mediterranean in the sum of $98,345.

On April 20, 2023, Mediterranean filed a complaint against JB Power and Does 1-10 for a single count of breach of contract. On May 6, Mediterranean’s process server personally served JB Power in Baldwin Park.

On August 7, 2023, default was entered against JB Power and Mediterranean submitted the present application for default judgment.

A case management conference is set for September 28, 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

Mediterranean seeks default judgment against JB Power in the total amount of $106,803.45, including $98,345 in damages, $6,714.16 in interest, $1,200 in attorney fees, and $544.29 in costs. Because the court finds Mediterranean has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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