Judge: Wesley L. Hsu, Case: 22PSCV01757, Date: 2023-04-13 Tentative Ruling

Case Number: 22PSCV01757    Hearing Date: April 13, 2023    Dept: L

Plaintiff AMM Restoration & Construction, Inc.’s Application for Default Judgment is

DENIED without prejudice.

 

Background   

 

Plaintiff AMM Restoration & Construction, Inc. (“Plaintiff”) alleges as follows: Plaintiff performed building consulting services for Defendant Baja Group Inc. dba Mariscos Baja (“Defendant”) pursuant to a July 17, 2021 written contract. Defendant has failed to pay for these services.

 

On November 9, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

 

1.      Breach of Contract

2.      Reasonable Value of Work, Labor and Services (Common Count in Quantum Meruit)

 

On December 28, 2022, Defendant’s default was entered.

 

A Case Management Conference is set for April 13, 2023.

 

Discussion

 

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted: Exhibit A to Edward Gonzalez’s (“Gonzalez”) declaration provides, in relevant part, that “[o]nce an agreed upon estimate is established for REPAIRS, CONTENTS/PACK OUT, TOTAL LOSS estimates on behalf of the insured to the insurance carrier, it is agreed that the insured will pay AMM Restoration and Construction Inc., A TOTAL OF 10% of the total amount of the final approved estimate amount.” Gonzalez attests that the estimate Plaintiff prepared was approved by Defendant’s insurer in the amount of $261,389.55, but it does not appear that he has provided any evidence of the approval other than Plaintiff’s bald assertion. Plaintiff’s assertion in his declaration does not satisfy the court because it is not clear, in the declaration as written, what basis he has for knowing this fact. Plaintiff may resubmit with further testimony or documentary evidence.