Judge: Salvatore Sirna, Case: 24PSCV00228, Date: 2024-08-06 Tentative Ruling

Case Number: 24PSCV00228    Hearing Date: August 6, 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 April 2022, Plaintiff Amur Equipment Finance, Inc. (Amur) entered into a written equipment finance agreement with Defendant 3 Cornells Enterprises, Inc. (3 Cornells) in which Amur agreed to finance the purchase of certain equipment. In support of the agreement, Defendant Wilmer Cornell, Jr. executed a personal guaranty. In January 2023, 3 Cornells allegedly defaulted on the terms of the agreement and agreed to a restructuring agreement. In February 2023, 3 Cornells and Cornell again defaulted on the payments owed. After Amur repossessed and sold the equipment at issue, Amur alleges they owe an outstanding balance of $83,287.03.

On January 23, 2024, Amur filed a complaint against 3 Cornells, Cornell, and Does 1-100, alleging the following causes of action: (1) breach of written agreement, (2) open book account, (3) account stated, and (4) breach of continuing guaranty. On June 2, 2024, Amur’s process server served 3 Cornells and Cornell with substitute service in Pomona.

On July 25, 2024, the Court entered default against 3 Cornells and Cornell after they failed to file a timely answer. On July 29, 2024, Amur 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

Amur seeks default judgment against 3 Cornells and Cornell in the total amount of $108,831.48, including $83,287.03 in damages, $22,342.08 in interest, $2,555.74 in attorney fees, and $646.63 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.