Judge: Thomas Falls, Case: 21PSCV00022, Date: 2022-08-08 Tentative Ruling
Case Number: 21PSCV00022 Hearing Date: August 8, 2022 Dept: R
Plaintiff NATIONAL CONTINENTAL INSURANCE COMPAN’S APPLICATION
FOR DEFAULT JUDGMENT
Tentative Ruling
Plaintiff NATIONAL CONTINENTAL INSURANCE COMPAN’S
APPLICATION FOR DEFAULT JUDGMENT is GRANTED.
Background
This is a contracts case. Plaintiff NATIONAL CONTINENTAL
INSURANCE COMPANY alleges the following against Defendant GMC Trucking Inc.:
the Parties entered into a written insurance policy. Defendant breached the
policy by failing to make monthly payments. Defendant owes Plaintiff
$46,389.00.
On January 11, 2021, Plaintiff filed suit against Defendant
for:
1.
Breach of Contract,
2.
Open Book Account,
3.
Account Stated, and
4.
Unjust Enrichment
On February 3, 2022, default was entered against Defendant.
On March 25, 2022, Plaintiff filed the instant application
and dismissed Doe Defendants.
Legal Standard
Code of
Civil Procedure section 585 permits entry of a judgment after a Defendant has failed
to timely answer after being properly served. 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; (7) 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; (8) exhibits as necessary; and (9) a request for attorneys’ fees if
allowed by statute or by the agreement of the parties. (Cal. Rules of
Court, Rule 3.1800.)
Discussion
Plaintiff seeks default judgment against Defendant GMC
Trucking Insurance Company in the total amount of $46,919.00, including $530
for court costs.
The court finds no defects with the application.
Conclusion