Judge: Wesley L. Hsu, Case: 22PSCV01789, Date: 2023-04-13 Tentative Ruling

Case Number: 22PSCV01789    Hearing Date: April 13, 2023    Dept: L

Plaintiff VW Credit, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff VW Credit, Inc. (“Plaintiff”) alleges as follows:

Plaintiff was dba Audi Financial Services. On May 30, 2022, Defendant Yinhai Ren (“Defendant”) entered into a Retail Installment Sales Contract (“Agreement”) with Plaintiff’s assignor, Audi Ontario (“Assignor”), wherein Assignor agreed to lease a new 2022 Audi e-tron Sportback, VI N #WA12AAGE0NB030716 (“subject vehicle”) to Defendant in exchange for Defendant’s payments. On July 14, 2022, Defendant failed to make the monthly payment then due and owing. Defendant has failed to become current in the payments under the Agreement.

On November 14, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-100 for:

1.                  Claim & Delivery

2.                  Conversion

On January 24, 2023, 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:

1.            The Declaration of James Lynch references an Exhibit “3” Statement of Account/Payoff Sheet; however, there is no Exhibit “3” attached.