Judge: Teresa A. Beaudet, Case: 21STCV27342, Date: 2024-06-17 Tentative Ruling

Case Number: 21STCV27342    Hearing Date: June 17, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Navy Federal Credit Union (“Plaintiff”) requests entry of default judgment against Defendant Artium AME, Inc. Plaintiff seeks judgment in the total amount of $59,530.19, comprising $56,977.14 in damages, $2,029.54 in attorney’s fees, and $523.51 in costs.

The Court notes a few defects with the submitted default judgment package. 

            First, on December 1, 2023, Plaintiff filed a proof of service indicating that the summons and Complaint were personally served on “Atrium AME Inc” on November 30, 2023. (Emphasis added.) However, Plaintiff seeks entry of default judgment against “Artium AME, Inc.” and the defendant named in the Complaint is “Artium AME, Inc.” (Emphasis added.) Thus, the spelling of the defendant’s name on the proof of service appears to be incorrect.

            Second, this is an action on a loan contract (Compl., pp. 3-4), but Plaintiff has not provided the original of the note. In lieu of the original, Plaintiff may also provide a declaration explaining loss or unavailability, along with a proposed order to accept a copy in lieu of the original. (Cal. Rules of Court, rule 3.1806; Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124.)

Accordingly, the Court denies Plaintiff’s request for default judgment without prejudice. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package.

DATED:  June 17, 2024                                 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court