Judge: Salvatore Sirna, Case: 23PSCV03240, Date: 2025-01-10 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: 23PSCV03240    Hearing Date: January 10, 2025    Dept: G

Plaintiffs TNJ Logistics Inc. and Bomao, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs TNJ Logistics Inc. and Bomao, Inc.’s Application for Default Judgment is DENIED without prejudice.

BACKGROUND

This is a breach of contract action arising from a sales agreement. In April 2023, Plaintiffs TNJ Logistics Inc. (TNJ) and Bomao, Inc. (Bomao) entered into a sales and purchase agreement with Defendants TJPF Trucking, Inc. (TJPF) and Shiqiang Zhang in which TNJ and Bomao agreed to sell three tractors to TJPF and Zhang. After TNJ and Bomao allegedly transferred the tractors, they allege TJPF and Zhang failed to make the required installment payments. Following their repossession and sale of the tractors, TNJ and Bomao allege TJPF and Zhang owe an outstanding balance of $75,000.00. They also allege TJPF and Zhang owe $11,451.00 in inspection and parking fees that were incurred when Zhang brought one of the tractors in for an inspection and refused to pick it up.

On October 19, 2023, TNJ and Bomao filed a complaint against TJPF, Zhang, and Does 1-10, alleging the following causes of action: (1) breach of contract, (2) common counts, (3) breach of implied covenant of good faith and fair dealing, (4) violation of Civil Code section 8800, and (5) false promise. On October 27, 2023, TNJ and Bomao’s process server personally served TJPF and Zhang in Hacienda Heights.

On December 5, 2023, the court entered default against TJPF and Zhang after they failed to file a timely answer. On December 5, 2024, TNJ and Bomao submitted the present application for default judgment.

An OSC Re: Default Judgment is set for January 10, 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

TNJ and Bomao seek default judgment against TJPF and Zhang in the total amount of $90,417.31, including $89,703.09 in damages and $714.22 in costs. ¿For the following reasons, the court DENIES TNJ and Bomao’s application without prejudice.

In their Complaint and supporting declarations, TNJ and Bomao request $86,551.00 in damages for $75,000.00 in unpaid installment payments, $451.00 in inspection fees and fines, and $11,100.00 in parking fees. (Complaint, ¶ 58-61; Wang Decl., ¶ 9-12; Yang Decl., ¶ 9-12.)

While Plaintiffs requested $2,587.87 at an undefined interest rate of 2.99%, they failed to provide the statutory or contractual authority for imposing this rate and failed to include the interest computations as required. Furthermore, the total sum of the requested interest and damages is only $89,138.87 which does not equal the amount requested on their CIV-100 form.

CONCLUSION

Based on the foregoing, TNJ and Bomao’s application for default judgment is DENIED without prejudice.