Judge: Salvatore Sirna, Case: 23PSCV02075, Date: 2023-12-14 Tentative Ruling

Case Number: 23PSCV02075    Hearing Date: December 14, 2023    Dept: G

Plaintiffs Porsche Leasing Ltd. and Porsche Financial Services, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs Porsche Leasing Ltd. and Porsche Financial Services, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from a vehicle lease agreement. In January 2023, Porsche Ontario entered into a written motor vehicle lease agreement with Defendants Qinhai Qin and Lina Jiang in which Porsche Ontario agreed to lease a 2023 Porsche Cayenne to Qin and Jiang. In that same month, Porsche Ontario assigned its rights in the agreement to Plaintiff Porsche Leasing Ltd. (Porsche Leasing) who designated Plaintiff Porsche Financial Services, Inc. (Porsche Financial Services) as the servicer. In February 2023, Porsche Leasing and Porsche Financial Services allege Qin and Jiang defaulted on the agreement by failing to make payments due. They also allege Qin and Jiang have refused to return the leased vehicle.

On July 11, 2023, Porsche Leasing and Porsche Financial Services filed a complaint against Qin, Jiang, and Does 1-10, alleging the following causes of action: (1) possession of personal property, (2) deficiency judgment, (3) foreclosure of security interest, (4) breach of express written contract, (5) money lent, and (6) account stated. On July 15, Porsche Leasing and Porsche Financial Services’ process server served Qin and Jiang with substitute service in La Puente.

On October 4, 2023, default was entered against Qin and Jiang. On November 1, Porsche Leasing and Porsche Financial Services submitted the present application for default judgment.

A case management conference is set for December 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

Porsche Leasing and Porsche Financial Services seek default judgment against Qin and Jiang in the total amount of $110,957.23, including $100,796.56 in damages, $6,682.95 in interest, $2,897.96 in attorney fees, and $579.76 in costs. Because the court finds Porsche Leasing and Porsche Financial Services have submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, Porsche Leasing and Porsche Financial Services’ application for default judgment is GRANTED.