Judge: Thomas Falls, Case: 21PSCV00895, Date: 2022-07-27 Tentative Ruling

Case Number: 21PSCV00895    Hearing Date: July 27, 2022    Dept: R

Capital One Bank (USA) v. Seung Shin (21PSCV00895)

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Plaintiff CAPITAL ONE BANK (USA), N.A.’S APPLICATION FOR DEFAULT

JUDGMENT

Tentative Ruling

Plaintiff CAPITAL ONE BANK (USA), N.A.’S APPLICATION FOR DEFAULT

JUDGMENT is DENIED without prejudice.

Background

This is a credit card collections case. The complaint states that Defendant has not paid a total sum of $28,365.94.

On March 11, 2022, default was entered against Defendant SEUNG SHIN. That same day, Plaintiff filed its application for default judgment. (There are no Doe Defendants named.) 

Discussion

The following defect is noted:

1.      While Plaintiff has submitted the declaration of its Counsel, Keri L. Salet, Counsel is only the custodian of the business books and records of Hunt and Henriques (Plaintiff's counsel), not the custodian of records for Plaintiff Capital One. Counsel has not demonstrated that she has the personal knowledge of the manner and method in which Capital One creates and maintains certain business books and records, including computer records of customer accounts. 

Therefore, the application is denied without prejudice.