Judge: Salvatore Sirna, Case: 24PSCV02308, Date: 2024-12-02 Tentative Ruling

Case Number: 24PSCV02308    Hearing Date: December 2, 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 October 2022, Plaintiff U.S. Bank National Association (U.S. Bank) entered into a written equipment finance agreement with Defendant Seahawk Transit Inc. (Seahawk Transit) in which U.S. Bank agreed to provide financing for Seahawk Transit’s purchase of two Kenworth trucks. In support of the agreement, Defendant Shuli Guo executed a personal guaranty. Starting in January 2024, U.S. Bank alleges Seahawk Transit and Guo breached the agreement by failing to make the required monthly payments.

On July 18, 2024, U.S. Bank filed a complaint against Seahawk Transit, Guo, 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 August 5, 2024, U.S. Bank’s process server served Seahawk Transit and Guo with substitute service in Baldwin Park.

On September 17, 2024, the court entered default against Seahawk Transit and Guo after they failed to timely file an answer. On September 20, 2024, U.S. Bank submitted the present application for default judgment.

A case management conference is set for December 2, 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 Seahawk Transit and Guo in the total amount of $143,633.00, including $129,300.10 in damages, $10,584.90 in interest, $3,183.00 in attorney fees, and $565.00 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 notes that the CIV-100 form file by Plaintiff erroneously lists the total requested judgment as $146,633.00 when it should be $143,633.00. However, the proposed judgment lists the correct total.  Plaintiff’s counsel is ordered to file forthwith an amended CIV-100 form which list the correct judgment total as $143,633.00.

CONCLUSION

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