Judge: Salvatore Sirna, Case: 24PSCV02451, Date: 2025-02-21 Tentative Ruling

Case Number: 24PSCV02451    Hearing Date: February 21, 2025    Dept: G

Plaintiff CAN Capital, Inc.’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff CAN Capital, Inc.’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In December 2022, WebBank and Community Physicians Medical, LLC (Community Physicians) entered into a written agreement with Defendant Irvin Olivares in which Olivares agreed to repay a loan by WebBank to Community Physicians. In August 2023, Olivares allegedly breached the agreement by failing to make required payments. Plaintiff CAN Capital, Inc. (CAN Capital) is the assignee and successor-in-interest of the lender.

On July 31, 2024, CAN Capital filed a complaint against Oliveres and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) open book account, (3) account stated, and (4) money lent. On August 3, 2024, CAN Capital’s process server served Olivares with substitute service in Pomona.

On September 13, 2024, the court entered default against Olivares after Olivares failed to file a timely answer. On November 5, 2024, CAN Capital submitted the present application for default judgment.

A CMC is set for February 21, 2025.

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

CAN Capital seeks default judgment against Olivares in the total amount of $144,815.33, including $126,090.62 in damages, $15,063.80 in interest, $3,150.91 in attorney fees, and $510.00 in costs. Because the court finds CAN Capital has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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