Judge: Salvatore Sirna, Case: 23PSCV03443, Date: 2024-04-04 Tentative Ruling

Case Number: 23PSCV03443    Hearing Date: April 4, 2024    Dept: G

Plaintiff Flexibility Capital, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Flexibility Capital, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from a future receivables sales agreement. In November 2022, Plaintiff Flexibility Capital, Inc. (Flexibility Capital) entered into a written agreement with Defendant Enner Alexy Cruz Leon, doing business as Universal Marble Granite & Tile, in which Flexibility Capital agreed to purchase $36,500 in future receipts for a price of $25,000 from Cruz Leon. In support of the agreement, Cruz Leon executed a personal guaranty. In December 2022, Flexibility Capital alleges Cruz Leon breached the agreement by failing to pay the entire balance owed.

On November 6, 2023, Flexibility Capital filed a complaint against Cruz Leon and Does 1-100, alleging the following causes of action: (1) breach of contract, (2) breach of personal guaranty, and (3) unjust enrichment. On November 24, Flexibility Capital’s process server served Cruz Leon with substitute service in La Puente.

On February 1, 2024, default was entered against Cruz Leon. On March 18, 2024, Flexibility Capital submitted the present application for default judgment.

A case management conference is set for April 4, 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

Flexibility Capital seeks default judgment against Cruz Leon in the total amount of $38,305.70, including $32,875.50 in damages, $4,896.20 in interest, and $534 in costs. Because the court finds Flexibility Capital has submitted sufficient evidence, the court GRANTS Flexibility Capital’s application for default judgment.

CONCLUSION

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