Judge: Thomas Falls, Case: 22PSCV01079, Date: 2023-02-09 Tentative Ruling

Case Number: 22PSCV01079    Hearing Date: February 9, 2023    Dept: O

HEARING DATE:                 Thursday, February 9, 2023

RE:                                          INLAND VALLEY PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs DARLENE SWANCY-SMITH, et al. (21PSCV00902)

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Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

 

Tentative Ruling

 

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT is GRANTED.

 

Background

 

This case pertains to medical treatment. Plaintiff INLAND VALLEY PARTNERS, LLC, a California limited liability company doing business as INLAND VALLEY CARE AND Assigned to REHABILITATION CENTER alleges the following against Defendants DARLENE SWANCY-SMITH and Defendant HERBERT SMITH:[1] Defendant DARLENE has been a patient at Plaintiff's nursing facility since on or about June 8, 2020. While Medi-Cal pays for a portion of her care, Defendant Darlene is obligated for a certain share ("Share of Cost"). However, since September 2020, Plaintiff has failed to pay the Share of Cost, for a total debt of $54,482.16 (and is accruing monthly).

 

On September 20, 2022, the instant action was filed.

 

On November 3, 2022, default was entered against both Defendants.

 

On November 21, 2022, Plaintiff filed the instant application for default judgment.

 

Discussion

 

Here, as Plaintiff has submitted the declaration of its custodian of records (Andrea Carlin) that substantiates the damages of the complaint, the court finds no errors with the application.

 

Conclusion

 

Based on the foregoing, default judgment is entered.



[1] Plaintiff has named the husband, Herbert, and a Defendant because as the debt was incurred during the marriage, it is community debt. (See Complaint [“Pursuant to Family Code§§ 914(a), 910, the separate and community property interests of Defendant Herbert are liable for the debt to Plaintiff as Plaintiff provided a necessary of life to Defendant Darlene and the debt is based upon a contract made during the marriage.”].)