Judge: Salvatore Sirna, Case: 23PSCV03123, Date: 2025-02-05 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: 23PSCV03123    Hearing Date: February 5, 2025    Dept: G

Plaintiff BMO Bank N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff BMO Bank N.A.’s Application for Default Judgment is GRANTED in the reduced amount of $338,781.23.

BACKGROUND

This is a collections action. From 2017 to 2022, Plaintiff BMO Bank, N.A. (BMO Bank) entered into a series of four loan agreements with Defendant Child’s Trucking, LLC (Child’s Trucking) in which BMO Bank agreed to finance the purchase of certain collateral. In support of each of the agreements, Defendant Canwar Childs executed a personal guaranty. Subsequently, BMO Bank alleges Child’s Trucking and Childs failed to make the required payments.

On October 10, 2023, BMO Bank filed a complaint against Child’s Trucking, Childs, and Does 1-25, alleging the following causes of action: (1) breach of written agreement, (2) breach of continuing guaranty, (3) breach of written agreement, (4) breach of continuing guaranty, (5) breach of written agreement, (6) breach of continuing guaranty, (7) breach of written agreement, (8) breach of continuing guaranty, (10) claim and delivery, and (11) conversion. On August 8, 2024, BMO Bank’s process server personally served Child’s Trucking through the California Secretary of State. In September 2024, BMO Bank served Childs by publication.

On December 3, 2024, the court entered default against Childs after Childs failed to file a timely answer. On January 30, 2025, the court entered default against Child’s Trucking after Child’s Trucking failed to file a timely answer.  On the same day, BMO Bank submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for February 5, 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

BMO Bank seeks default judgment against Child’s Trucking and Childs in the total amount of $338,901.23, including $250,795.63 in damages, $82,499.44 in interest, $4,272.66 in attorney fees, and $1,333.50 in costs. Because the court finds BMO Bank has submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification. Although BMO Bank seeks $120.00 in costs for two writs of possession, no such writ has been filed with the court. Thus, the court declines to award this requested cost and reduces the total amount of damages awarded to $338,781.23.

CONCLUSION

Based on the foregoing, BMO Bank’s application for default judgment is GRANTED in the reduced amount of $338,781.23.