Judge: Salvatore Sirna, Case: 23PSCV01933, Date: 2024-04-08 Tentative Ruling

Case Number: 23PSCV01933    Hearing Date: April 8, 2024    Dept: G

Plaintiff National Commercial Recovery, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff National Commercial Recovery, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. From August 2022 to February 2023, Defendants T & R Enterprise USA Inc.; Royal Wholesale Food Inc.; Ringo Lin Family Partnership, L.P.; Howard Lin; Ringo Lin; and Jesse Lin (collectively, Lin Defendants) allegedly purchased wholesale poultry from Leyen Food, LLC (Leyen) on an open book account. Subsequently, the Lin Defendants allegedly failed to make full payment upon demand by Leyen and owe an outstanding balance of $67,960. Leyen then assigned its rights to Plaintiff National Commercial Recovery, Inc. (NCR).

On June 28, 2023, NCR filed a complaint against the Lin Defendants and Does 1-10 alleging the following causes of action: (1) open book account, (2) goods sold and delivered, and (3) account stated. On October 23, NCR’s process server served the Lin Defendants with substitute service in Lilburn, Georgia.

On January 23, 2024, default was entered against the Lin Defendants. On March 13, NCR submitted the present application for default judgment.

An OSC Re: Default Judgment is set for April 8, 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

NCR seeks default judgment against the Lin Defendants in the total amount of $78,735.26, including $67,960 in damages, $8,690.26 in interest, $1,200 in attorney fees, and $885 in costs. Because the court finds NCR has submitted sufficient evidence, the court GRANTS NCR’s application for default judgment.

CONCLUSION

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