Judge Upinder S. Kalra, Case 22STCV33474 2023-05-16 Tentative Ruling

Judge: Upinder S. Kalra, Case: 22STCV33474, Date: 2023-05-16 Tentative Ruling

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Case Number: 22STCV33474 Hearing Date: May 16, 2023 Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE: May 16, 2023

CASE NAME: Caterpillar Financial Services Corporation v. Pargev Ovaness Minassian

CASE NO.: 22STCV33474

MOTION FOR JUDGMENT ON THE PLEADINGS

MOVING PARTY: Plaintiff Caterpillar Financial Services Corporation

RESPONDING PARTY(S): None as of May 11, 2023.

REQUESTED RELIEF:

1. An order granting default judgment as to Defendant Pargev Ovaness Minassian

TENTATIVE RULING:

1. Default Judgment is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On October 13, 2022, Plaintiff Caterpillar Financial Services Corporation (“Plaintiff”) filed a complaint against Pargev Ovaness Minassian (“Defendant.”) The complaint alleged 2 causes of action for breach of contract. The complaint alleges that the parties entered a written agreement. However, while Plaintiff performed its obligations under the contract, Defendant failed to pay on February 15, 2022.

On January 20, 2023, Plaintiff filed a Request for Entry of Default, which was GRANTED.

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 of Summons and Complaint was filed on 12/19/2022. Additionally, CIV-100 provides that the Request for Entry of Default was mailed on April 13, 2023.

Request for Entry of Default: CIV-100 was filed on 1/20/2023, which was GRANTED.

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

(1) Demand of Complaint: $ 43,420.83

(2) Interest: $ 1,813.65

(3) Costs: $ 534.00

(4) Attorneys’ Fees: $ 1,692.62

Total: $ 47,461.10

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

A brief summary of the case: The Declaration of Mark Johnson, provides a brief summary of the case, and includes the agreements between the parties.

Declarations or other admissible evidence in support of the judgment requested: The Declaration of Roldofo Gaba, Jr., filed a Declaration which contains the interest computations.

Interest computations as necessary: The Declaration of Rodolfo Gaba, Jr., indicates that interest is based on a 4.500% per annum on the balance of $43,420.83, which is $5.35 per day. The dates are from 2/15/2022 until 1/20/2023, which is 339 days.

Memorandum of costs and disbursements: Paragraph 7 of CIV-100 indicates that the $534.00 in costs is based on $435.00 for Clerk’s filing fees, and $99.00 for Process server’s fees.

Proposed form of judgment: Form JUD-100 was filed on 4/13/2023.

Dismissal of all parties against whom judgment is not sought: Form CIV-110 was filed on 4/13/20223

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 1-6 were filed and attached to the Declaration of Mark Johnson.

Request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.): Plaintiff seeks $1,692.62.

The Attorney’s Fees calculated according to Local Rule 3.2 would follow the fee schedule as follows:

(A) From $0,01 to $ 1„000.00. 15% with a minimum of $75.00

(B) From $ 1,000.01 to $ 10,000.00, $ 150.00 plus 6% of the excess over $ 1,000.00

(D) From $50,000.01 to $ 100,000.00, $ 1,890 plus 2% of the excess over $ 50,000.00

Here, subsection (c) is controlling. Therefore, the total is $690 plus 1,002.62, which is 3% of $33,420.83.

CONCLUSION:

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

Default Judgment is entered.

Moving party is to give notice.

IT IS SO ORDERED.

Dated: May 16, 2023 __________________________________ Upinder S. Kalra
Judge of the Superior Court