Judge: Wesley L. Hsu, Case: 22PSCV00169, Date: 2023-04-11 Tentative Ruling

Case Number: 22PSCV00169    Hearing Date: April 11, 2023    Dept: L

Plaintiff Ford Motor Credit Company LLC’s Application for Default Judgment is GRANTED, effective upon Plaintiff’s submission of a revised Judicial Council Form JUD-100 judgment [see below].

Background    

Plaintiff Ford Motor Credit Company LLC (“Plaintiff”) alleges as follows: On October 20, 2017, Daniel Espinoza (“Defendant”) entered into a written Retail Installment contract with Ed Butts Ford, wherein Defendant purchased a 2016 Ford Edge (“subject vehicle”). Plaintiff is the assignee of Ed Butts Ford. Defendant has defaulted under the terms and conditions of the contract.

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

1.     Breach of Contract

On August 12, 2022, Defendant’s default was entered.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for October 11, 2022.

Discussion

Plaintiff’s application for default judgment is granted, effective upon Plaintiff’s submission of a  revised Judicial Council Form JUD-100 judgment deleting the check mark next to Paragraph 7 and the language added next to same on the basis that possession of the subject vehicle was not set forth in the prayer of Plaintiff’s complaint.