Judge Salvatore Sirna, Case Number: 23PSCV02923, Date: 2024-06-17 Tentative Ruling

Judge: Salvatore Sirna, Case: 23PSCV02923, Date: 2024-06-17 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: 23PSCV02923 Hearing Date: June 17, 2024 Dept: G

Plaintiff Jaime Adolfo De La Vega’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Jaime Adolfo De La Vega’s Application for Default Judgment is CONTINUED to a date to be determined at the hearing set in Department G (Pomona). Plaintiff Jaime Adolfo De La Vega is further ordered to resubmit Plaintiff Jaime Adolfo De La Vega’s supporting declaration with proper translations for foreign language exhibits pursuant to Rule 3.110, subdivision (g) of the California Rules of Court

BACKGROUND

This is a breach of contract action. In April 2022, Plaintiff Jaime Adolfo De La Vega entered into a written agreement with Defendant Mynor Rolando Mejia Hernandez in which Mejia Hernandez agreed to remodel a property in Pomona in exchange for estimated labor and material costs of $89,500. After Mejia Hernandez commenced work on the Pomona property in May 2022, De La Vega agreed to pay an additional $15,000 in August 2022 after Mejia Hernandez claimed additional funds would be needed to complete the project. In January 2023, De La Vega asked Mejia Hernandez to stop work on the Pomona property and sought out the services of another contractor. De La Vega alleges that only half of the work had been completed at this time and that twenty percent of the completed work was unsatisfactory.

On September 21, 2023, De La Vega filed a complaint against Mejia Hernandez and Does 1-10 alleging the following causes of action: (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of implied warranty, and (4) negligence. On October 30, 2023, De La Vega’s process server served Mejia Hernandez with substitute service in Apple Valley.

On February 8, 2024, the Court entered default against Mejia Hernandez after Mejia Hernandez failed to file a timely answer. On May 1, 2024, De La Vega submitted the present application for default judgment.

An OSC Re: Default Judgment is set for June 17, 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

De La Vega seeks default judgment against Mejia Hernandez in the total amount of $217,806.22, including $199,229.37 in damages, $12,117.51 in interest, $3,930.00 in attorney fees, and $2,529.34 in costs.¿For the following reasons, the Court CONTINUES the hearing on De La Vega’s application.

In support of De La Vega’s application, De La Vega’s declaration relies on exhibits that appear to have portions in Spanish without an English translation including Exhibits A, D, and G. Pursuant to Rule 3.110, subdivision (g) of the California Rules of Court, “[e]xhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.” Accordingly, De La Vega’s declaration must be resubmitted with the proper English translations for any exhibits that include a foreign language.

CONCLUSION

Based on the foregoing, De La Vega’s application for default judgment is CONTINUED to a date to be determined at the hearing set in Department G (Pomona). De La Vega is further ordered to resubmit De La Vega’s supporting declaration with proper translations for foreign language exhibits pursuant to Rule 3.110, subdivision (g) of the California Rules of Court.