Judge: Salvatore Sirna, Case: 24PSCV02868, Date: 2025-01-28 Tentative Ruling

Case Number: 24PSCV02868    Hearing Date: January 28, 2025    Dept: G

Plaintiff First Insurance Funding’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff First Insurance Funding’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action. In July 2023, Plaintiff First Insurance Funding (First Insurance) entered into a written agreement with Defendant Pilot NGC Holding LLC (Pilot). Subsequently, First Insurance alleges Pilot defaulted pursuant to the agreement by failing to pay a balance of $85,697.23.

On September 4, 2024, First Insurance filed a complaint against Pilot and Does 1-100, alleging a cause of action for breach of contract. On September 12, 2024, First Insurance’s process server served Pilot with substitute service in the City of Industry.

On December 4, 2024, the court entered default against Pilot after they failed to file a timely answer. On January 14, 2025, First Insurance submitted the present application for default judgment.

A CMC is set for January 28, 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

First Insurance seeks default judgment against Pilot in the total amount of $92,970.67, including $85,697.23 in damages, $6,739.44 in interest, and $534.00 in costs. Because the court finds First Insurance has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, First Insurance’s application for default judgment is GRANTED.