Judge: Salvatore Sirna, Case: 23PSCV02150, Date: 2024-03-25 Tentative Ruling

Case Number: 23PSCV02150    Hearing Date: March 25, 2024    Dept: G

Plaintiff Bankers Healthcare Group, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Bankers Healthcare Group, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In September 2020, Pinnacle Bank entered into a loan agreement with Defendant Gideon H. Gunabe in which Gunabe agreed to repay the loan over an 84-month term. In October 2020, Pinnacle Bank assigned its rights and interest in the loan to Plaintiff Bankers Healthcare Group, LLC (BHG). In December 2022, BHG alleges Gunabe breached the loan agreement by failing to make the required scheduled payments.

On July 18, 2023, BHG filed a complaint against Gunabe, alleging a single cause of action for breach of promissory note. From October to November 2023, BHG served notice on Gunabe via publication.

On December 19, 2023, default was entered against Gunabe. On January 29, 2024, BHG submitted the present application for default judgment.

A case management conference and OSC Re: Default/Default Judgment is set for March 25, 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

BHG seeks default judgment against Gunabe in the total amount of $161,306.86, including $128,153.52 in damages, $28,074.40 in interest, $3,171.53 in attorney fees, and $1,907.41 in costs. Because the court finds BHG has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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