Judge: Thomas Falls, Case: 21PSCV00899, Date: 2022-08-03 Tentative Ruling

Case Number: 21PSCV00899    Hearing Date: August 3, 2022    Dept: R

Velocity Investments, LLC v. David Koo (21PSCV00899)

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Plaintiff Velocity Investment’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Velocity Investment’s APPLICATION FOR DEFAULT JUDGMENT is GRANTED.

Background

Plaintiff alleges that Defendant Koo has failed to make payments on his account.

On November 4, 2021, Plaintiff filed suit against Defendant and Does 1-30 for:

1.      Open book account

2.      Account stated and

3.      Common count

On March 7, 2022, default was entered against Defendant. That same day, Doe Defendants were dismissed and Plaintiff filed the instant Application.

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 in the total amount of $32,288.08, which includes the $31,748.68 in damages as stated in the complaint.

Here, there are no defects with the application.

Conclusion

Based on the foregoing, the GRANTS Plaintiff’s application.