Judge: Salvatore Sirna, Case: 23PSCV01828, Date: 2023-11-14 Tentative Ruling

Case Number: 23PSCV01828    Hearing Date: November 14, 2023    Dept: G

Plaintiff Roadrunner Financial, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Roadrunner Financial, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. Within the last four years, Plaintiff Roadrunner Financial, Inc. (Roadrunner) became the owner of a contract in which Defendant Maria Diaz agreed to make monthly payments on the purchase of a 2019 Can-Am Maverick. In November 2022, Roadrunner alleges Diaz failed to make monthly payments and now owes a sum of $25,496.24.

On June 20, 2023, Roadrunner filed a complaint against Diaz and Does 1-10 alleging the following causes of action: (1) claim and delivery and (2) money on a contract. On June 28, Roadrunner’s process server served Diaz in San Dimas with substitute service.

On August 24, 2023, default was entered against Diaz and Roadrunner submitted the present application for default judgment.

A case management conference is set for November 14, 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

Roadrunner seeks default judgment against Diaz in the total amount of $27,173.39, including $25,496.24 in damages, $1,125 in attorney fees, and $552.15 in costs. Because the court finds Roadrunner has submitted sufficient evidence, the court GRANTS Roadrunner’s application for default judgment.

CONCLUSION

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