Judge: Salvatore Sirna, Case: 24PSCV00981, Date: 2024-10-30 Tentative Ruling

Case Number: 24PSCV00981    Hearing Date: October 30, 2024    Dept: G

Plaintiff Lafayette Federal Credit Union’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Lafayette Federal Credit Union’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In August 2021, Plaintiff Lafayette Federal Credit Union (LFCU) entered into a written loan agreement with Defendants Marcy Nateras-Duenas and Fermin Duenas. In May 2023, LFCU alleges Nateras-Duenas and Duenas breached the loan agreement by failing to make required payments and now owe an outstanding balance of $86,936.69.

On March 28, 2024, LFCU filed a complaint against Nateras-Duenas and Duenas alleging a single cause of action for breach of contract. On March 29, 2024, LFCU’s process server personally served Nateras-Duenas and Duenas in West Covina.

On May 23, 2024, the court entered default against Nateras-Duenas and Duenas after they failed to file a timely answer. On August 28, 2024, LFCU submitted the present application for default judgment.

An OSC Re: Default Judgment is set for October 30, 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

LFCU seeks default judgment against Nateras-Duenas and Duenas in the total amount of $96,280.40, including $86,936.69 in damages, $6,171.98 in interest, $2,628.73 in attorney fees, and $543.00 in costs. Because the court finds LFCU has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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