Judge: Salvatore Sirna, Case: 24PSCV02656, Date: 2025-01-09 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: 24PSCV02656    Hearing Date: January 9, 2025    Dept: G

Plaintiff Covenant Care California, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Covenant Care California, LLC’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a breach of contract action arising from a healthcare services agreement. In November 2018, Plaintiff Covenant Care California, LLC, doing business as Royal Care Skilled Nursing Center (Royal Care), entered into an agreement with Defendant Comprehensive Care Hospice Inc. (Comprehensive Care) in which Royal Care agreed to provide services for a hospice patient in exchange for receiving reimbursement from Comprehensive Care. While Royal Care allegedly provided room, board, and skilled nursing care for the patient from January 2021 to May 2022, Comprehensive Care allegedly failed to make the required reimbursements and now owes as outstanding amount of $52,296.44.

On August 15, 2024, Royal Care filed a complaint against Comprehensive Care and Does 1-20, alleging the following causes of action: (1) breach of written contract, (2) open book account, (3) money had and received, and (4) reasonable value of goods and services sold and delivered. On September 17, 2024, Royal Care’s process server served Comprehensive Care with substitute service in West Covina.

On October 29, 2024, the court entered default against Comprehensive Care after they failed to file a timely answer. On November 12, 2024, Royal Care submitted the present application for default judgment.

A case management conference is set for January 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 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

Royal Care seeks default judgment against Comprehensive Care in the total amount of $65,111.78, including $52,296.44 in damages, $12,223.49 in interest, and $591.85 in costs. Because the court finds Royal Care has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, Royal Care’s application for default judgment is GRANTED.