Judge: Salvatore Sirna, Case: 24PSCV03392, Date: 2025-03-11 Tentative Ruling

Case Number: 24PSCV03392    Hearing Date: March 11, 2025    Dept: G

Plaintiff American Express National Bank’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff American Express National Bank’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a collections action arising from a credit card agreement. In May 2016, Plaintiff American Express National Bank (American Express) extended credit through a credit card account to Defendant Raymond Mendoza. Subsequently, American Express alleges Mendoza became indebted in the amount of $38,217.86.

On October 9, 2024, American Express filed a complaint against Mendoza and Does 1-10, alleging two causes of action for breach of contract. On November 4, 2024, American Express’s process server served Mendoza with substitute service in La Puente.

On February 7, 2025, the court entered default against Mendoza after Mendoza failed to timely file an answer. On the same day, American Express submitted the present application for default judgment.

A CMC is set for March 11, 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

American Express seeks default judgment against Mendoza in the total amount of $38,732.86, including $38,217.86 in damages and $515.00 in costs. Because the court finds American Express has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, American Express’s application for default judgment is GRANTED.