Judge: Salvatore Sirna, Case: 23PSCV03182, Date: 2024-06-18 Tentative Ruling

Case Number: 23PSCV03182    Hearing Date: June 18, 2024    Dept: G

Plaintiff Yu Li’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Yu Li’s Application for Default Judgment is GRANTED.

BACKGROUND

This is an action for breach of contract. In September 2022, Plaintiff Yu Li entered into a written agreement with Defendant Ji Li in which Yu Li agreed to loan $50,000 to Ji Li. Yu Li alleges Ji Li then failed to repay the loan in full.

On October 13, 2023, Yu Li filed a complaint against Ji Li and Does 1-20, alleging causes of action for (1) breach of contract and (2) money had and received. On November 18, 2023, Yu Li’s process server personally served Ji Li in San Gabriel.

On January 22, 2024, the Court entered default against Ji Li after Ji Li failed to file a timely answer. On April 24, 2024, Yu Li submitted the present application for default judgment.

An OSC Re: Default Judgment is set for June 18, 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

Yu Li seeks default judgment against Ji Li in the total amount of $51,115.14, including $44,000 in damages, $6,437.26 in interest, and $677.88 in costs. Because the Court finds Yu Li has submitted sufficient evidence, the Court GRANTS Yu Li’s application for default judgment.

CONCLUSION

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