Judge: Salvatore Sirna, Case: 23PSCV02853, Date: 2024-03-28 Tentative Ruling

Case Number: 23PSCV02853    Hearing Date: March 28, 2024    Dept: G

Plaintiff Ally Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Ally Bank’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In January 2023, Defendant Yolanda Escobar purchased a used 2020 Toyota Camry from Envision WC CDJR Auto LLC (Envision) pursuant to a retail installment sales contract. Subsequently, Envision assigned its interest in the retail installment sales contract to Plaintiff Ally Bank. In February 2023, Ally Bank alleges Escobar failed to make payments that were due and currently owes an outstanding balance of $31,958.93.

On September 15, 2023, Ally Bank filed a complaint against Escobar and Does 1-10, alleging the following causes of action: (1) claim and delivery of personal property and (2) money due. On November 14, Ally Bank’s process server personally served Escobar in Los Angeles.

On December 26, 2023, Ally Bank filed an application for a writ of possession. On March 7, 2024, default was entered against Escobar and Ally Bank submitted the present application for default judgment.

A hearing on Ally Bank’s application for a writ of possession is set for March 28, 2024, along with a case management conference.

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

Ally Bank seeks default judgment against Escobar in the amount of $31,958.93 in damages. Because the court finds Ally Bank has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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