Judge: Upinder S. Kalra, Case: 22STCV17692, Date: 2022-09-21 Tentative Ruling

Case Number: 22STCV17692    Hearing Date: September 21, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   September 21, 2022                                       

CASE NAME:            LVNV Funding LLC v. Grigor Demirtchian

CASE NO.:                22STCV17692

DEFAULT JUDGMENT

LEGAL STANDARD

CCP § 585 permits entry of a judgment after a Defendant fails to timely answer following proper service of process. A party seeking judgment on the default by the Court must file a Request for Court Judgment, and provide: (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. (CRC Rule 3.1800.)

Discussion

Proof of Service of Process: Proof of Service by Mail as to the Summons, Complaint, etc. was filed on 6/24/2022. It indicates that service was effected via personal service. 

Request for Entry of Default: CIV-105 was filed on 9/12/2022. Entry of Default was GRANTED on 9/12/2022.

Prove Up: Plaintiff seeks entry of judgment against Defendant in the amounts shown below:

(1)        Demand of Complaint:           $ 80,953.50

(2)        Interest:                                   $ 0.00

(3)        Costs:                                      $ 585.00

(4)        Attorneys’ Fees:                      $ 0.00 

Total:                                                  $ 81.538.50

In support, the following documents have been provided:

·         A brief summary of the case: The Declaration of Dimeshia Hook provides a brief summary of the matter.

·         Declarations or other admissible evidence in support of the judgment requested: Declaration of Dimeshia Hook was filed on 9/12/2022. Dimeshia Hook is an authorized representative for Plaintiff. The Declaration contains four Exhibits.

·         Interest computations as necessary: N/A as Plaintiff waived interest.

·         Memorandum of costs and disbursements: Paragraph 10 of CIV-105 states that $435 is for Clerk’s filing fees and $150 is for Process server’s fees.

·         Proposed form of judgment: Form JUD-100 was filed on 9/12/2022.

·         Dismissal of all parties against whom judgment is not sought: Form CIV-110 was filed on 9/12/2022.

·         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: N/A

·         Exhibits as necessary: Exhibits A-D are attached to Dimeshia Hook.

·         Request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.): N/A as Plaintiff waived attorney fees.

There is an issue with addresses. The Proof of Service of Summons indicates that Defendant was served at an address on Monterey Road in Glendale. Exhibit D of the Hook Declaration indicates under Borrow information for Defendant that the address is a PO Box in Glendale, but then later states that borrower’s address from charge-off creditor’s records is an apartment on Winona Boulevard in Los Angeles.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

Default is CONTINUED, until Plaintiff provides information as to the different addresses for Defendant.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:                                                 __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court