Judge: Thomas Falls, Case: 21PSCV01057, Date: 2022-08-05 Tentative Ruling
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Case Number: 21PSCV01057 Hearing Date: August 5, 2022 Dept: R
JPR Medical Inc. v. Medical Engineering, et al. (21PSCV01057)
Plaintiff JPR Medical Inc’s Application for Default Judgment
Final Ruling
Plaintiff JPR Medical Inc’s Application for Default
Judgment is GRANTED.
Background
This case arises from a breach of contract. Plaintiff JPR
Medical Inc. (“Plaintiff”) is a distributor and retailer of personal protective
equipment (“PPE”). Plaintiff was to purchase 4,640 rapid antigen test kits from
Defendant Medical Engineering for retail sale. During discussions, Elisa Chan
(“Defendant Chan”) represented that Medical Engineering was a dependable and
reputable supplier. Lonnie Banks (“Defendant Banks”) quoted a total price of
$83,392.00 for the goods. On October 13, 2021, Medical Engineering sent plaintiff
an invoice, confirming the proposal (the “Invoice”). The Invoice provided that
the “ship date” for the goods in question would be October 19, 2021. One day
later (October 14, 2021), Plaintiff’s principal Robert Hirsh spoke by telephone
with Banks regarding the proposed transaction. In their conversation, the men
agreed that in light of Plaintiff’s urgent need for the testing kits, if
Medical Engineering had not managed to fulfil and ship the complete order to
Plaintiff by October 22, 2021, the transaction would be cancelled and the full
purchase price would be refunded immediately. Medical Engineering failed to
ship the products in question by October 22, 2021 and has still failed to ship
the goods.
On December 17, 2021, Plaintiff filed suit against
Defendants Medical Engineering LLC, Lonnie Banks, Elisa Chan, and Does 1
through 10 for:
1.
Breach of Written Contact—Medical Engineering, Banks,
and Does 1-10
2.
Intentional Misrepresentation—Banks and Medical
Engineering
3.
Negligent Misrepresentation—Banks and Medical
Engineering
4.
Negligent Misrepresentation—Chan
5.
Money Had and Received—All Defendants
On December 30, 2021, the court ordered granted Plaintiff’s
ex-parte application for a Right to Attach Order and a Writ of Attachment
against Defendant Medical Engineering LLC.
On January 12, 2022, Defendant Chan filed a Demurrer without
a Motion to Strike.
On February 10, 2022, Plaintiff filed a ‘Statement of
Non-Opposition to Defendant Elisa Chan’s Demurrer.’
On February 24, 2022, Plaintiff requested entry of default
against Defendant Medical Engineering and Lonnie Banks (“Defaulting
Defendants”).
On February 25, 2022, the court sustained Defendant Chan’s
Demurrer without Motion to Strike.
On February 25, 2022, the court entered default as to
Defendant Medical Engineering and Lonnie Banks (“Defaulting Defendants”).
On March 16, 2022, Defendant Chan filed an Answer.
On April 11, 2022, Plaintiff filed the instant application
for default judgment against Defendant Medical Engineering and Lonnie Banks
(“Defaulting Defendants”).
On April 29, 2022, Plaintiff filed its ‘Memorandum
Supporting Its Amended Application for Default Judgment.’
On May 3, 2022, the court denied Plaintiff’s application
because Plaintiff “has not either (i) dismissed Does 1-10, (ii) not dismissed
Defendant Elisa Chan or (ii) submitted an application for separate judgment.”
Discussion
Upon a review of the docket, Does 1-10 and Defendant Chan
have been dismissed. Therefore, entry of default judgment is now appropriate.
Based on the foregoing, the court enters default judgment
against Medical Engineering LLC and Lonnie Banks in the total amount of
$88,002.89.