Judge: Salvatore Sirna, Case: 23PSCV01450, Date: 2024-02-14 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: 23PSCV01450    Hearing Date: February 14, 2024    Dept: G

Plaintiff Yamaha Motor Finance Corporation, U.S.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Yamaha Motor Finance Corporation, U.S.A.’s Application for Default Judgment is GRANTED in the reduced amount of $29,641.58.

BACKGROUND

This is a breach of contract action arising from a vehicle purchase agreement. In May 2020, Plaintiff Yamaha Motor Finance Corporation, U.S.A. (Yamaha) entered into a written agreement with Defendant Natalia Romero in which Romero agreed to purchase a 2020 Yamaha XBT1800ALVAP and 2020 Shore Land’r Trailer. In March 2022, Yamaha alleges Romero defaulted pursuant to the terms of the agreement by failing to make payments on the vehicles and now owes an outstanding principal balance of $62,323.27.

On May 12, 2023, Yamaha filed a complaint against Romero, alleging the following causes of action: (1) possession of personal property, (2) breach of contract, and (3) money lent. On June 7, Yamaha’s process server personally served Romero in La Puente.

On September 25, 2023, default was entered against Romero. On January 29, 2024, Yamaha submitted the present application for default judgment.

An OSC Re: Default Judgment is set for February 14, 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

Yamaha seeks default judgment against Romero in the total amount of $29,716.54, including $27,001.34 in damages, $910.20 in interest, $1,275 in attorney fees, and $530 in costs. Because the court finds Yamaha has submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification.

While Yamaha requests $1,275 in attorney fees, the court finds reasonable attorney fees are $1,200.04 pursuant to Local Rule 3.214. Accordingly, the court reduces the awarded damages to $29,641.58.

CONCLUSION

Based on the foregoing, Yamaha’s application for default judgment is GRANTED in the reduced amount of $29,641.58.