Judge: Wesley L. Hsu, Case: 22PSCV00231, Date: 2023-03-27 Tentative Ruling

Case Number: 22PSCV00231    Hearing Date: March 27, 2023    Dept: L

Background   

This is a credit card collections case. On March 14, 2022, Plaintiff Bank of America, N.A. (“Plaintiff”) filed a complaint, asserting a cause of action against Defendant Chaivut W. Injarusorn (“Defendant”) and Does 1-10 for:

1.      Common Counts

On December 5, 2022, Defendant’s default was entered.

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

Discussion

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

Plaintiff’s default prove-up application submitted December 5, 2022 is comprised of the following documents: (1) a proposed default judgment, (2) a Judicial Council Form CIV-100 Request for Entry of Default and Court Judgment, (3) a declaration from attorney Jeremy Wachtman “Re: Research to Determine Military Status of Defendant(s); Notice pursuant to C.C.P. § 1033(b)(2)” and (4) a request for dismissal of Does 1-10 on Judicial Council Form CIV-110. Plaintiff has failed to submit a declaration from anyone on its behalf attaching documentary evidence supporting Plaintiff’s claims. Plaintiff’s complaint, though verified, is deficient in this regard. (See Cal. Civ. Proc. § 446 (“When the verification is made by the attorney for the reason that the parties are absent from the county where he or she has his or her office, or from some other cause are unable to verify it, or when the verification is made on behalf of a corporation or public agency by any officer thereof, the attorney's or officer's affidavit shall state that he or she has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true. However, in those cases the pleadings shall not otherwise be considered as an affidavit or declaration establishing the facts therein alleged.”) (emphasis added).