Judge: Salvatore Sirna, Case: 23PSCV01387, Date: 2024-07-16 Tentative Ruling

Case Number: 23PSCV01387    Hearing Date: July 16, 2024    Dept: G

Plaintiff Wex Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Wex Inc.’s Application for Default Judgment is GRANTED in the reduced amount of $285,786.65.

BACKGROUND

This is a collections action. From May 2022 to July 2022, Plaintiff Wex Inc. (Wex) alleges Defendant Little Fat Trucking became indebted to Wex for a fuel card account in the total amount of $237,576.05.

On May 8, 2023, Wex filed a complaint against Little Fat Trucking and Does 1-10, alleging the following causes of action: (1) open book account and (2) account stated. On May 9, 2024, Wex’s process server served Little Fat Trucking through the California Secretary of State.

On June 20, 2024, the Court entered default against Little Fat Trucking after they failed to timely file an answer. On the same day, Wex submitted the present application for default judgment.

A case management conference is set for July 16, 2024.

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

Wex seeks default judgment against Little Fat Trucking in the total amount of $340,918.37, including $237,576.05 in damages, $102,386.57 in interest, and $955.75 in costs. Because the Court finds Wex submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification: While Wex requests $102,386.57 in interest, the Court finds this amount was calculated incorrectly and deems the correct amount of awardable interest to be $47,254.85 (10% of $237,576.05 divided by 365 = $65.0893287671 per diem multiplied by 726 days (07/21/2022 – 07/16/2024). Accordingly, the total judgment is reduced to $285,786.65.

CONCLUSION

Based on the foregoing, Wex’s application for default judgment is GRANTED in the reduced amount of $285,786.65 (Damages of $237,576.05 + Interest of $47,254.85 + Costs of 955.75).