Judge: Salvatore Sirna, Case: 24PSCV01149, Date: 2024-08-29 Tentative Ruling

Case Number: 24PSCV01149    Hearing Date: August 29, 2024    Dept: G

Plaintiff U.S. Bank National Association’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff U.S. Bank National Association’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from an equipment finance agreement. In June 2021, Plaintiff U.S. Bank National Association (U.S. Bank) entered into a written equipment finance agreement with Defendant HF Trucking Inc. (HF Trucking) in which U.S. Bank agreed to provide financing for HF Trucking’s purchase of three vehicles. In support of the agreement, Defendant Guoqiang Huang executed a personal guaranty. Starting in October 2023, U.S. Bank alleges HF Trucking and Huang breached the agreement by failing to make the required monthly payments.

On April 11, 2024, U.S. Bank filed a complaint against HF Trucking, Huang, and Does 1-100, alleging the following causes of action: (1) breach of written agreement, (2) breach of personal guaranty, (3) unjust enrichment, (4) indebtedness, (5) account stated, (6) claim and delivery, and (7) conversion. On April 17, 2024, U.S. Bank’s process server personally served HF Trucking and Huang in Chino Hills.

On May 20, 2024, the court entered default against HF Trucking and Huang after they filed to timely file an answer. On June 5, 2024, U.S. Bank submitted the present application for default judgment.

An case management conference is set for August 29, 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

U.S. Bank seeks default judgment against HF Trucking and Huang in the total amount of $74,451.96, including $66,869.06 in damages, $4,748.62 in interest, $2,227.38 in attorney fees, and $606.90 in costs. Because the court finds U.S. Bank has submitted sufficient evidence, the court GRANTS U.S. Bank’s application for default judgment.

The
court also finds that Plaintiff is entitled to immediate possession of the
following vehicles:

One
(1) Hyundai, VIN #3H3V532C8CT080058; and

One
(1) Freightliner, VIN 3AKJHHDR9LSKC0463. 

CONCLUSION

Based on the foregoing, U.S. Bank’s application for default judgment is GRANTED.