Judge: Wesley L. Hsu, Case: 22PSCV00156, Date: 2023-04-24 Tentative Ruling

Case Number: 22PSCV00156    Hearing Date: April 24, 2023    Dept: L

Plaintiff LVNV Funding LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

This is a Fair Debt Buying Practices case. On February 16, 2022, Plaintiff LVNV Funding LLC (“Plaintiff”) filed a complaint, asserting causes of action against Defendant Lillian Hsu (“Defendant”) for:

1.                  Account Stated

2.                  Open Book Account

On December 14, 2022, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for April 24, 2023.

Discussion

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

As the court previously advised Plaintiff’s counsel in an earlier default prove-up submission, the “Bill of Sale and Assignment” attached as part of Exhibit A to the Declarations of Annette Jackson and Brianna Elmassian reference an Exhibit 1. There is no Exhibit 1 attached, however. This should be attached.