Judge: Virginia Keeny, Case: 22VECV01636, Date: 2023-03-20 Tentative Ruling

Case Number: 22VECV01636    Hearing Date: March 20, 2023    Dept: W

DEFAULT JUDGMENT

Amount:                    

Damages:              $99,809.00

Interest:                $63,412.28

Attorney Fees:      $2,886.18

Costs:                    $534.09

Total:                     $166,641.55

Red Target, LLC d.b.a. SCJ Commercial Financial Services filed suit against Hovhannes Papazyan dba H.P. Electrical & Electronics Service alleging Defendant failed to make payments as agreed pursuant to the Secured Promissory Note with Bofl Federal Bank.  Plaintiff filed a Complaint on October 18, 20220 alleging breach of contract.   

TENTATIVE RULING:  DENY/CONTINUE

Summary of Case/CCP §585 Declaration (Ballard Decl.)

Agreement with Bofl Federal Bank (Ballard Decl., Exh. A)

Ledger (Ballard Decl. Exh. B)

Interest Calculation (Hoar Decl. ¶4.)

Request to accept copies in lieu of originals

The CCP 585 declaration states they are assignees of the loan but do not provide proof of the  initial assignment from the bank to Business Financial Services, Inc.  Proof of assignment must be submitted. 

The court also notes that the interest rate requested is 15%.   Plaintiff is required to explain in their declaration their exemption from anti-usury laws.   “If interest is requested in excess of the usury limitations of California Constitution Article XV, Section 1, proof must be presented of plaintiff’s exemption from the usury limitations unless an exemption has been pleaded in the complaint and admitted by the entry of default.” (Rule 3.206 new and effective July 1, 2011).

Plaintiff may submit an amended declaration in support of the request for Default Judgment prior to the March 20, 2023 hearing date.