Judge: Thomas Falls, Case: 21PSCV00335, Date: 2022-10-24 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: 21PSCV00335    Hearing Date: October 24, 2022    Dept: R

Plaintiff V&V Transportation Inc.’s ("V&V") Application for Default Judgment

Tentative Ruling

Plaintiff V&V Transportation Inc.’s ("V&V") Application for Default Judgment is GRANTED.

Background   

Plaintiff V&V Transportation, Inc. (“V&V”) alleges as follows: On or about October 15, 2020, a written agreement was made between V&V and Defendant Juerui Industrial, Inc. (“Juerui”), wherein Juerui agreed to pay V&V within 30 days of receipt of invoices as it relates to services provided by V&V to Juerui. Juerui has failed to make payment.

On April 28, 2021, V&V filed a complaint, asserting a cause of action against Juerui and Does 1-20 for:

1.      Breach of Contract

On May 27, 2021, Defendant Juerui filed its Answer, which the court later struck on 02/18/2022.

On May 28, 2021, Juerui filed a cross-complaint, asserting causes of action against V&V, Jenny Tsai aka Jenny Tsao aka Jennifer Tsai (“Tsai”), JWT Group LLC (“JWT”) and Does 1-10 for:

1.      Fraud—Misrepresentation

2.      Fraud—Concealment

3.      Misappropriation

4.      Unjust Enrichment

5.      Breach of Contract

On July 29, 2021, the court sustained without leave to amend Cross-Defendants, V&V TRANSPORTATION INC.’s, JENNY TSAI’s, and JWT GROUP LLC’s (collectively "Cross-Defendants") demur to each and every cause of action asserted against them in the Cross-Complainant of Defendant JUERUI INDUSTRIAL Inc.

On February 18, 2022, the court issued the following order: The Demurrer - without Motion to Strike filed by V&V Transportation, Inc., Jenny Tsai, JWT Group, LLC on 07/29/2021 is Sustained without Leave to Amend. Pursuant to the defendant's failure this date, the Court orders the Answer filed by Juerui Industrial inc. on 5/27/2021 stricken.

On February 22, 2022, default was entered against defendant Juerui.

On June 17, 2022, Plaintiff filed an Application for Default Judgment. Doe Defendants have been dismissed, which the court continued the hearing for Plaintiff to cure the defects noted in the court’s tentative ruling.

On August 11, 2022, Counsel filed a supplemental declaration, as requested by the court.

Discussion

Previously, the court denied Plaintiff’s application for a few reasons, but notably that there appeared to be a “discrepancy in the damages stated in the complaint versus that final statement.” In its supplemental declaration, Plaintiff’s CEO and CFO explains that “[t]he $750 difference between the damages stated in V&V’s final demand letter (i.e., $34,840) and the damages stated in the Complaint (i.e. $35,590) is due to the additional late fees that accrued during the approximate one-month period that elapsed between the March 25, 2021 demand letter and the April 28, 2021 filing of the Complaint.” (Tsai Decl., p. 2.)

Therefore, as the discrepancy has been addressed and an explanation for attorney fees and interest has been provided, all defects have been cured.

Conclusion