Judge: Teresa A. Beaudet, Case: 22STCV29503, Date: 2023-05-11 Tentative Ruling

Case Number: 22STCV29503    Hearing Date: May 11, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Los Angeles Immanuel Mission Church (“Plaintiff”) appears to request entry of default judgment against Defendants Jung Won Chun, KC Investment Enterprises, Inc., 221 Pueblo Property, LLC, Eun Sang Chun, and Kay Jae Won Chun. Plaintiff seeks judgment in the total amount of $511,297.56.

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

First, Plaintiff has not filed a Request for Court Judgment (Form CIV-100). Pursuant to California Rules of Court, Rule 3.1800, subdivision (a), “[a] party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100)…” (Italics in original.)

Second, Plaintiff alleges in the Complaint that “[o]n July 13, 2020, a Complaint was filed in the Los Angeles Superior Court case No. 20STCV26293. In that case, Judgment ultimately issued on July 16, 2021 in favor of Plaintiff against JUNG WON CHUN.” (Compl., ¶ 9.) Plaintiff appears to attach the subject 2021 Judgment as Exhibit 1 to Plaintiff’s memorandum of points and authorities in support of the instant request. However, Exhibit 1 was not properly authenticated.

Third, Plaintiff states in its memorandum of points in authorities that the “[c]urrent amount due is $511,297.56.” (Plaintiff’s Memorandum of Points and Authorities at p. 4:8.) However, no competent evidence was provided to support this assertion. 

Fourth, Plaintiff’s counsel states in his declaration in support of the request that “[o]n June 30, 2022, I subpoenaed bank records on the Defendant from Hanmi Bank.” (Kim Decl., ¶ 2.) Plaintiff’s counsel further states that “[j]ust in cursory review, I was able to locate, in review of just 6 months worth of checks paid, that Defendants diverted and fraudulently [sic] $558,441.00 to and from each other.” (Kim Decl., ¶ 4.) The Court notes that certain checks attached as Exhibit 4 to Plaintiff’s counsel’s declaration appear to reference KC Investment Enterprises, Inc. and Jung Won Chun. (Kim Decl., ¶ 6, Ex. 4.) However, Plaintiff does not appear to provide any evidence demonstrating any alleged wrongdoing as to the remaining defendants.

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

DATED:  May 11, 2023                                 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court