Judge: Salvatore Sirna, Case: 23PSCV02985, Date: 2024-05-13 Tentative Ruling

Case Number: 23PSCV02985    Hearing Date: May 13, 2024    Dept: G

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In February 2021, Citibank, N.A. (Citibank) charged off a credit card account held by Defendant Roman G. Gonzalez with a past-due balance of $25,696.01. Subsequently, Plaintiff Cavalry SPV I, LLC (Cavalry) purchased the debt.

On September 27, 2023, Cavalry filed a complaint against Gonzalez and Does 1-100 alleging the following causes of action: (1) account stated and (2) open book account. On October 13, 2023, Cavalry’s process server served Gonzalez with substitute service in La Puente.

After Gonzalez failed to file an answer, the Court entered default against Gonzalez on May 2, 2024, and Cavalry submitted the present application for default judgment.

A case management conference is set for May 13, 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

Cavalry seeks default judgment against Gonzalez in the total amount of $26,199.51, including $25,696.01 in damages and $503.50 in costs. Because the Court finds Cavalry has submitted sufficient evidence, the Court GRANTS Cavalry’s application for default judgment.

CONCLUSION

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