Judge: Salvatore Sirna, Case: 24PSCV01277, Date: 2025-04-10 Tentative Ruling

Case Number: 24PSCV01277    Hearing Date: April 10, 2025    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 DENIED without prejudice.

BACKGROUND

This is a breach of contract case. On April 19, 2024, plaintiff U.S. Bank National Association d/b/a U.S. Bank Equipment Finance (Plaintiff) filed a complaint against Happy Island Inc. (Happy Island), Cheng Long Ren, and Does 1 through 100. Plaintiff alleges 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.

Plaintiff alleges the following. On June 6, 2022, Plaintiff and Happy Island entered into an agreement for one freightliner, where Happy Island would pay sixty (60) monthly payments of $1,884.56. As part of the agreement, Ren executed a continuing personal guaranty. Since November 8, 2023, Happy Island has failed to make the monthly payments. Happy Island retains possession of the freightliner.

On September 20, 2024, Plaintiff’s process personally served Happy Island in Sacramento.

On October 7, 2024, Plaintiff filed and signed an order for publication for Ren. On December 12, 2024, Plaintiff filed proof of publication.

On October 28, 2024, the court entered default against Happy Island after Happy Island failed to file a timely answer.

On January 23, 2025, the court entered default against Happy Island and Ren after they failed to file a timely answer.

On January 24, 2025, Plaintiff dismissed Does 1 through 100.

An order to show cause re: default/default judgment is set for April 10, 2025.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed 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 Code of Civil Procedure section 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, rule 3.1800.)

ANALYSIS

Plaintiff seeks default judgment against Happy Island and Ren in the total amount of $73,254.90, including $58,746.70 in damages, $11,153.10 in interest, $841.95 in costs, and $2,513.15 in attorney fees. For the following reasons, the court DENIES Plaintiff’s application without prejudice.

Plaintiff requests $435 in clerk filing fees and $406.95 in process server fees but does not provide exhibits to support the requested costs.

Plaintiff provides a prayer for damages work sheet, showing four outstanding payments for a total of $7,538.24 and four late charges for a total of $753.84. Plaintiff does not provide an explanation for the remaining $50,454.62. Plaintiff does not provide an invoice for the missed payments.

Plaintiff requests $2,513.15 in attorney fees, but under Local Rule 3.214, reasonable attorney fees are $2,064.93.

Plaintiff requests $11,153.10 in interest, but the correct interest is $8,071.58.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is DENIED without prejudice.