Judge: Wesley L. Hsu, Case: 22PSCV00047, Date: 2023-04-11 Tentative Ruling

Case Number: 22PSCV00047    Hearing Date: April 11, 2023    Dept: L

Plaintiff Creditors Adjustment Bureau, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by Xiuyan Manchu Autonomous County Leader Hao Business (“Assignor”). Plaintiff alleges Defendant Seven Dragons Group aka Seven Dragons Group (‘Defendant”) became indebted to Assignor for goods sold and delivered and/or services rendered at Defendant’s request.

On January 18, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Open Book Account

2.                  Account Stated

3.                  Reasonable Value

On January 3, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for April 11, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.                  Plaintiff has failed to provide the court with a brief summary of the case, as per California Rules of Court (“CRC”) rule 3.1800, subdivision (b)(1).

2.                  Plaintiff has failed to provide the court with documentary evidence of the assignment.

3.                  The only declarations provided by Plaintiff are from its counsel. It is unclear to the court how counsel would have personal knowledge of the facts of this lawsuit, let alone be able to authenticate the purported Statement of Account.