Judge: Salvatore Sirna, Case: 23PSCV02265, Date: 2024-04-11 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: 23PSCV02265    Hearing Date: April 11, 2024    Dept: G

Plaintiff Maersk Agency USA, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Maersk Agency USA, Inc.’s Application for Default Judgment is CONTINUED to a date to be determined at the OSC set in Department G (Pomona).

BACKGROUND

This is a collections action. Within the last four years, Plaintiff Maersk Agency USA, Inc. (Maersk) entered into a Uniform Interchange and Facilities Access Agreement (UIFAA) with Defendant Marck Anthony Gomez. Maersk alleges Gomez now owes an outstanding balance of $29,730 for the interchange of shipping containers and has failed to may payment upon demand.

On July 26, 2023, Maersk filed a complaint against Gomez and Does 1-100, alleging the following causes of action: (1) breach of contract, (2) open book account, (3) account stated, and (4) unjust enrichment. On September 1, Maersk’s process server served Gomez with substitute service in West Covina.

On April 2, 2024, default was entered against Gomez and Maersk submitted the present application for default judgment.

An OSC Re: Default Judgment is set for April 11, 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

Maersk seeks default judgment against Gomez in the total amount of $34,299.14, including $29,730 in damages, $2,736.79 in interest, $1,281.90 in attorney fees, and $550.45 in costs. The court finds Maersk has submitted sufficient evidence to establish grounds for the entry of default judgment, but notes Maersk’s declaration of nonmilitary status in the CIV-100 application is deficient. While Maersk’s counsel checked the box stating Gomez is not eligible to serve in the U.S. military because Gomez is a “business entity,” the court notes this option is inapplicable as Maersk has filed the present action against Gomez individually.

Accordingly, the court will CONTINUE the hearing on Maersk’s default judgment application and Maersk is directed to file an updated CIV-100 form that corrects this deficiency.