Judge: Salvatore Sirna, Case: 24PSCV00240, Date: 2025-02-28 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: 24PSCV00240    Hearing Date: February 28, 2025    Dept: G

Plaintiff Wells Fargo Bank, N.A.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Wells Fargo Bank, N.A.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. Defendant Chi Huang Lu opened a credit card account with Plaintiff Wells Fargo Bank, N.A. (Wells Fargo). In May 2023, Wells Fargo alleges Lu breached the agreement by failing to make required payments and now owes an unpaid balance of $36,082.01.

On January 24, 2024, Wells Fargo filed a complaint against Lu, alleging the following causes of action: (1) breach of written contract, (2) breach of implied-in-fact contract, (3) money lent, (4) money paid, (5) open book account, and (6) account stated. On October 4, 2024, Wells Fargo’s process server served Lu with substitute service in Rowland Heights.

On November 19, 2024, the court entered default against Lu after Lu failed to file a timely answer. On February 10, 2025, Wells Fargo submitted the present application for default judgment.

An OSC Re: Default Judgment is set for February 28, 2025.

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

Wells Fargo seeks default judgment against Lu in the total amount of $37,392.01, including $36,082.01 in damages, $800.00 in attorney fees, and $510.00 in costs. Because the court finds Wells Fargo has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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