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.”].)