Judge: Salvatore Sirna, Case: 24PSCV02582, Date: 2025-04-09 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 24PSCV02582    Hearing Date: April 9, 2025    Dept: G

Plaintiff Transfar Chassis Link LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Transfar Chassis Link LLC’s Application for Default Judgment is GRANTED with reductions.

BACKGROUND

This is a breach of contract case. On August 9, 2024, plaintiff Transfar Chassis Link LLC (Plaintiff) filed a complaint against SFO Merchandise Inc. dba SFO Transportation (SFO) and Does 1 through 10. Plaintiff alleges the following causes of action: (1) breach of contract, (2) account stated, (3) open book account, (4) conversion, and (5) fraud – intentional misrepresentation. Plaintiff alleges the following. On May 22, 2023, SFO entered into an agreement to rent one hundred (100) gooseneck chassis for 180 days after pick up. Beginning December 2023, SFO failed to make any payments in accordance with the agreement and failed to return thirty-six (36) chassis.

On August 15, 2024, Plaintiff’s process served SFO with substitute service in Pomona.

On December 10, 2024, the court entered default against SFO after SFO failed to file a timely answer.

An order to show cause re: default judgment is set for April 9, 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 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

As a preliminary matter, Plaintiff did not dismiss Does 1 through 10. The court orders Plaintiff file a dismissal forthwith, or will ask for an oral dismissal on the record at the hearing.

Plaintiff seeks default judgment against SFO in the total amount of $246,631.22, including $245,885.48 in damages and $745.74 in costs. For the following reasons, the court GRANTS Plaintiff’s application, with reductions.

Plaintiff requests $468.87 in clerk filing fees, $166.16 in jury fees, and $110.71 in process server fees.  Plaintiff does not, however, provide an exhibit to support the requested process server costs.  Therefore, the court does not award the costs for process server fees.  Additionally, the court’s records indicate an initial filing fee of $435 and jury fees of $150.  Therefore, plaintiff’s costs are calculated at $585.

Accordingly, the court enters judgment for Plaintiff in the total amount of $246,470.48 (Damages of $245,8854.48 and Costs of $585.00).

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED, with reductions, in the amount of $246,470.48.