Judge: Salvatore Sirna, Case: 24PSCV00215, Date: 2024-08-06 Tentative Ruling

Case Number: 24PSCV00215    Hearing Date: August 6, 2024    Dept: G

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Cavalry SPV I, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. Within the last four years, Citibank, N.A. (Citibank) charged off a credit card account held by Defendant Fawn K. Huang with a past-due balance of $59,973.29. Subsequently, Plaintiff Cavalry SPV I, LLC (Cavalry) purchased the debt.

On January 22, 2024, Cavalry filed a complaint against Huang and Does 1-10 alleging the following causes of action: (1) account stated and (2) money lent. On May 15, 2024, Cavalry’s process server personally served Huang in La Puente.

After Huang failed to file an answer, the Court entered default against Huang on July 12, 2024, and Cavalry submitted the present application for default judgment.

A case management conference is set for August 6, 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

Cavalry seeks default judgment against Huang in the total amount of $60,609.00, including $59,973.29 in damages and $635.71 in costs. Because the Court finds Cavalry has submitted sufficient evidence, the Court GRANTS Cavalry’s application for default judgment.

CONCLUSION

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