Judge: Salvatore Sirna, Case: 23PSCV03750, Date: 2024-08-09 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: 23PSCV03750    Hearing Date: August 9, 2024    Dept: G

Plaintiff American Express National Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff American Express National Bank’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. Within the last four years, Plaintiff American Express National Bank (American Express) extended credit through a credit card account to Defendant Idris Clark. Subsequently, American Express alleges Clark became indebted in the amount of $386,303.46.

On December 5, 2023, American Express filed a complaint against Clark and Does 1-10, alleging a sole cause of action for common counts. On December 20, 2023, American Express’s process server served Clark with substitute service in Claremont.

On May 30, 2024, the Court entered default against Clark after Clark failed to timely file an answer. On the same day, American Express submitted the present application for default judgment.

A case management conference is set for August 9, 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

American Express seeks default judgment against Clark in the total amount of $364,503.96, including $363,988.96 in damages and $515.00 in costs. Because the Court finds American Express has submitted sufficient evidence, the Court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, American Express’s application for default judgment is GRANTED.