Judge: Thomas Falls, Case: 21PSCV00672, Date: 2022-09-22 Tentative Ruling

Case Number: 21PSCV00672    Hearing Date: September 22, 2022    Dept: R

Tentative Ruling

Plaintiff Harbor Distributing, LLC’s Application for Default Judgment is DENIED without prejudice.

Background

This is a breach of contract case. Plaintiff Harbor Distributing LLC (“Plaintiff”) alleges the following against Defendant Whittier Distributors, Inc. dba East LA Wholesale Beverages (“Defendant Whittier”), Defendant Jorge Alvarez Jr., and Does 1-10: Plaintiff and Defendant Whittier entered into a written agreement, wherein Defendant Whittier agreed to pay Plaintiff all amounts due as invoiced; Jorge Alvarez signed a personal guaranty. Defendant Whittier has failed to pay all amounts due, amounting to damages of $90,000.00.

On August 19, 2021, Plaintiff filed a complaint against Defendants for:

1.      Breach of Contract,

2.      Open Book Account,

3.      Account Stated,

4.      Reasonable Value, and

5.      Breach of Personal Guarantee

On November 1, 2021, Alvarez’s default was entered.

On January 7, 2022, this court denied Plaintiff’s initial application for default judgment.

On January 18, 2022, Plaintiff dismissed Defendant Whitter Distributors, Inc. dba East LA Wholesale Beverages.

On January 21, 2022, Plaintiff re-filed its application for default judgment, which the court denied on Wednesday, June 8, 2022.

On July 20, 2022, Plaintiff re-filed its application.

Discussion

Previously, the court denied Plaintiff’s application because it failed to explain how Defendant owes Plaintiff $90,000. Plaintiff again fails to cure that defect.  It is not the court’s duty to piece together the attached invoices to calculate the damages.

Conclusion

Based on the foregoing, the application is denied.