Judge: Salvatore Sirna, Case: 24PSCV00120, Date: 2024-07-03 Tentative Ruling

Case Number: 24PSCV00120    Hearing Date: July 3, 2024    Dept: G

Plaintiff Amur Equipment Finance, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Amur Equipment Finance, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action. In March 2022, Plaintiff Amur Equipment Finance, Inc. (Amur) entered into a written equipment finance agreement with Defendant Sergio Cantu in which Amur agreed to finance the purchase of a 2016 INTL Prostar. In support of the agreement, Defendants Lupita Cantu and Sergio Cantu executed a personal guaranty. Subsequently, in February 2023, Amur alleges the Cantus breached the agreement by failing to make monthly payments and now owe a principal sum of $50,748.97.

On January 11, 2024, Amur filed a complaint against the Cantus and Does 1-100, alleging the following causes of action: (1) breach of written agreement, (2) breach of continuing guaranty, (3) open book account, (4) account stated, and (5) unjust enrichment. On January 28, 2024, Amur’s process server personally served Sergio Cantu and served Lupita Cantu with substitute service in Pomona.

On March 18, 2024, the Court entered default against the Cantus after they failed to file a timely answer. On May 22, 2024, Amur submitted the present application for default judgment.

A case management conference is set for July 3, 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

Amur seeks default judgment against the Cantus in the total amount of $64,079.57, including $50,748.97 in damages, $10,861.67 in interest, $1,904.97 in attorney fees, and $563.96 in costs. Because the Court finds Amur has submitted sufficient evidence, the Court GRANTS Amur’s application for default judgment.

CONCLUSION

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