Judge: Salvatore Sirna, Case: 23PSCV01976, Date: 2024-04-09 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: 23PSCV01976    Hearing Date: April 9, 2024    Dept: G

Plaintiff Fundation Group LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Fundation Group LLC’s Application for Default Judgment is GRANTED in the reduced amount of $66,316.52. Fundation Group LLC is further ordered to submit an updated proposed judgment consistent with this ruling.

BACKGROUND

This is a collections action. In December 2022, Plaintiff Fundation Group LLC (Fundation Group) entered into an agreement with Defendants Meza Poultry L.L.C. (Meza Poultry) and Jacqueline Garcia in which Fundation Group agreed to extend a business line of credit to Meza Poultry and Garcia. In January 2023, Fundation Group alleges Meza Poultry and Garcia breached the agreement by failing to make timely installment payments and owe an outstanding sum of $53,189.84.

On July 3, 2023, Fundation Group filed a complaint against Meza Poultry, Garcia, and Does 1-10, alleging causes of action for (1) breach of contract and (2) money had and received. On August 8, Fundation Group’s process server served Garcia with substitute service in El Monte. On September 4, Fundation Group’s process server served Meza Poultry with substitute service at the same address.

On February 27, 2024, default was entered against Meza Poultry and Garcia. On the same day, Fundation Group submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for April 9, 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

Fundation Group seeks default judgment against Meza Poultry and Garcia in the total amount of $66,908.42, including $53,189.84 in damages, $10,417.33 in interest, $2,545.70 in attorney fees, and $755.55 in costs. Because the court finds Fundation Group has submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification. While Fundation Group requests $2,545.70 in attorney fees, the court finds the reasonable amount of attorney fees is $1,953.80 ($1,890 + $63.7968 or 2% of $3,189.84) pursuant to Local Rule 3.214.

Accordingly, the total judgment amount is reduced to $66,316.52.

CONCLUSION

Based on the foregoing, Fundation Group’s application for default judgment is GRANTED in the reduced amount of $66,316.52. Fundation Group is further ordered to submit an updated proposed judgment in accordance with this ruling.