Judge: Teresa A. Beaudet, Case: 22STCV99984, Date: 2023-01-10 Tentative Ruling

Case Number: 22STCV99984    Hearing Date: January 10, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff MUFG Union Bank, N.A. (“Plaintiff”) requests that the Court enter default judgment against Defendant Rod Babcock, individually and dba MOR Solutions. Plaintiff seeks judgment in the total amount of $36,760.84, comprising $27,018.21 demanded in the Complaint, $76.39 in late charges, $7,822.92 in interest, $642.78 in costs, and $1,200.54 in attorney fees.

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

First, Item 7 of Plaintiff’s Request for Court Judgment (the Memorandum of Costs) does not indicate what the unspecified $60.00 in costs pertains to, nor does Plaintiff indicate whether such requested costs are allowable under Code of Civil Procedure section 1033.5.

Second, this is an action on a loan contract; however, Plaintiff has failed to include the original of the loan contract. 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.)

Third, it is unclear how the requested $7,822.92 in interest was calculated. Although Plaintiff indicates that it seeks interest from 3/22/20 through 10/18/22 at the rate of 8.00% (Noriega Decl., ¶ 17), Plaintiff has not offered any calculations as to how it reached the $7,822.92 figure. Pursuant to Cal. Rules of Court, rule 3.1800, subdivision (a)(3), a party seeking a default judgment must file “[i]nterest computations as necessary.”

Based on the foregoing, the Court denies the request for default judgment without prejudice. The Clerk will discuss with counsel a schedule for submitting a new default judgment package.

DATED:  January 10, 2023                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court