Judge: Wesley L. Hsu, Case: 22PSCV02116, Date: 2023-05-10 Tentative Ruling

Case Number: 22PSCV02116    Hearing Date: May 10, 2023    Dept: L

Plaintiff Creditors Adjustment Bureau, Inc.’s Application for Default Judgment is

DENIED without prejudice.

Background   

Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by Nanjing Houston Trade & Business Co Ltd. (“Assignor”). Plaintiff alleges Defendant KL Global International Corp. (‘Defendant”) became indebted to Assignor for goods sold and delivered and/or services rendered at Defendant’s request.

On November 30, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for:

1.                  Open Book Account

2.                  Account Stated

3.                  Reasonable Value

On February 3, 2023, 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 May 10, 2023.

Discussion

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

1.                  The “Declaration Pursuant to C.C.P. Section 585; and Assignment” is not executed.

2.                  The aforesaid declaration attaches a “Collection Trust Deed” as part of Exhibit 1, which appears to be an assignment of the debt from Assignor to China Export & Credit Insurance Corporation, not to Plaintiff. This must be addressed.

3.                  Portions of Exhibit 1 are written in Chinese. A translation of same must be provided from a certified translator. (Cal. Rules Court rule 3.1110, subd. (g); Evid. Code § 751; Gov. Code § 68561.)