Judge: Salvatore Sirna, Case: 24PSCV00967, Date: 2024-11-06 Tentative Ruling

Case Number: 24PSCV00967    Hearing Date: November 6, 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 Defendants Joe Ballesteros and J&J Inspections LLC (J&J Inspections). Subsequently, American Express alleges Ballesteros and J&J Inspections became indebted in the amount of $50,061.56.

On March 26, 2024, American Express filed a complaint against Ballesteros, J&J Inspections, and Does 1-10, alleging a sole cause of action for account stated. On April 2, 2024, American Express’s process server served Ballesteros with personal service and J&J Inspections with substitute service in Pomona.

On October 25, 2024, the court entered default against Ballesteros and J&J Inspections after they failed to timely file an answer. On the same day, American Express submitted the present application for default judgment.

A OSC Re: Default/Default Judgment is set for November 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

American Express seeks default judgment against Ballesteros and J&J Inspections in the total amount of $50,711.54, including $50,061.56 in damages and $649.98 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.