Judge: Salvatore Sirna, Case: 23PSCV03224, Date: 2024-03-25 Tentative Ruling

Case Number: 23PSCV03224    Hearing Date: March 25, 2024    Dept: G

Plaintiff Bank of America, N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Bank of America, N.A.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In March 1999, Defendant Jennifer Nobile opened a credit account with FIA Card Services, N.A. who merged with Plaintiff Bank of America, N.A. (Bank of America) in October 2014. After February 2021, Nobile allegedly failed to make payments due and in July 2021, Bank of America charged off the account.

On October 18, 2023, Bank of America filed a complaint against Nobile and Does 1-10, alleging a single cause of action for common counts. On November 5, Bank of America’s process server served Nobile in Glendora with substitute service.

On December 21, 2023, default was entered against Nobile and Bank of America submitted the present application for default judgment.

A case management conference is set for March 25, 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

Bank of America seeks default judgment against Nobile in the total amount of $35,394.73, including $34,787.16 in damages and $607.57 in costs. Because the court finds Bank of America has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, Bank of America’s application for default judgment is GRANTED.