Judge: Upinder S. Kalra, Case: 22STCV20240, Date: 2022-09-27 Tentative Ruling

Case Number: 22STCV20240    Hearing Date: September 27, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   September 27, 2022                                       

CASE NAME:           JNG Inc. dba Pearce’s Garage v. Pride Transportation, et al.  

CASE NO.:                22STCV20240

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: Proofs of Substituted Service as to the Summons and Complaint were filed on 7/25/2022 as to both Defendants.

Request for Entry of Default: CIV-100 was filed on 9/1/2022. Default was GRANTED.

Prove Up: Plaintiff seeks entry of judgment against Defendants Pride Transportation, LLC and Jesus Nunez in the amounts shown below:

(1)        Demand of Complaint:           $ 64,218.34

(2)        Interest:                                   $ 6,420.35

(3)        Costs:                                      $ 674.29

(4)        Attorneys’ Fees:                      $ 1,200.00      

Total:                                                  $ 72,512.98

In support of Plaintiff’s request, the following documents were submitted:

• A brief summary of the case: Plaintiff filed a brief summary of the case on 9/1/2022. It states that the Plaintiff provided goods and services to Defendant, but Defendant failed to make payments.

• Declarations or other admissible evidence in support of the judgment requested: Alicia V. Bravo provided a declaration, indicating that the original documents are not in Plaintiff’s possession and have been discarded in the process of managing and maintain records. The documents attached are copies and are truth and correct copies of the originals. (Dec. re: Lost Documents.)

• Interest computations as necessary: Declaration of Steven A. Booska re: accruing interest was filed on 9/1/2022. The calculations are based on 10% per annum from August 29, 2021 until August 29, 2022. Plaintiff requests $6,420.35.

• Memorandum of costs and disbursements: Paragraph 7 of CIV-100 indicates that the requested $674.29 is based on $435.00 for clerk’s filing fees, $200.00 for process server’s fees, and $39.29 in e-filing fees.

• Proposed form of judgment: Form JUD-100 was filed on 9/1/2022.

• Dismissal of all parties against whom judgment is not sought: Form CIV-110 was filed 9/1/2022, and entered on 9/6/2022.

• 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: Exhibit A is attached to the Declaration in Support of Default Judgment pursuant to CCP section 585(d).

• Request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.): Plaintiff requests $1,200 in attorneys’ fees pursuant to Civil Code § 1717.5. Plaintiff is the prevailing party and is entitled to fees not to exceed the lesser of (1) $960.00 for book accounts, and $1,200 for other book accounts, or (2) 25% of the principal amount.

Conclusion:

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

            Default Judgment is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated: September 27, 2022                                        _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court