Judge: Salvatore Sirna, Case: 23PSCV02889, Date: 2025-02-21 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: 23PSCV02889    Hearing Date: February 21, 2025    Dept: G

Plaintiff Daimler Truck Financial Services USA LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Daimler Truck Financial Services USA LLC’s Application for Default Judgment is GRANTED in the reduced amount of $159,230.56.

BACKGROUND

This is a breach of contract action arising from an equipment financing agreement. In September 2021, Mercedes-Benz Financial Services USA LLC (Mercedes-Benz) entered into a written equipment financing agreement with Defendant Little Fat Trucking in which Mercedez-Benz agreed to provide financing for the purchase of two 2022 Freightliners from Los Angeles Truck Centers, LLC. In support of the agreement, Defendant Xing Wang executed a personal guaranty. In November 2021, Mercedes-Benz sold its interest in the financing agreement to Plaintiff Daimler Truck Financial Services USA LLC (Daimler). While Little Fat Trucking paid off the full balance for one of the Freightliners in March 2022, Little Fat Trucking allegedly defaulted on payments for the other Freightliner in October 2022.

On September 19, 2023, Daimler filed a complaint against Little Fat Trucking, Wang, and Does 1-20, alleging the following causes of action: (1) breach of contract, (2) breach of guaranty, (3) common counts, (4) claim and delivery, and (5) conversion. On March 4, 2024, Daimler’s process server served Little Fat Trucking and Wang with substitute service in Diamond Bar.

On June 11, 2024, the court granted Daimler’s application for writs of possession against Little Fat Trucking and Wang.

On July 24, 2024, the court entered default against Little Fat Trucking and Wang after they failed to file a timely answer. On November 21, 2024, Daimler submitted the present application for default judgment.

An OSC Re: Default Judgment is set for February 21, 2025.

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

Daimler seeks default judgment against Little Fat Trucking and Wang in the total amount of $162,334.64, including $118,741.55 in damages, $35,663.04 in interest, $6,181.50 in attorney fees, and $1,748.55 in costs. Because the court finds Daimler has submitted sufficient evidence, the court GRANTS Daimler’s application for default judgment with the following modification.

While Daimler requests the court award $6,181.50 in attorney fees, the court finds this amount excessive and unreasonable considering the routine and default nature of the present action. Instead, the court awards reasonable attorney fees in the amount of $3,077.42 pursuant to Local Rule 3.214 and reduces the total judgment awarded to $159,230.56.

CONCLUSION

Based on the foregoing, Daimler’s application for default judgment is GRANTED in the reduced amount of $159,230.56.