Judge: William A. Crowfoot, Case: 22AHCV00365, Date: 2023-08-03 Tentative Ruling

Case Number: 22AHCV00365    Hearing Date: August 3, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

I.            INTRODUCTION

Plaintiffs Heng Leong Lim (“Lim”) and Jadene Ung (“Ung”) (collectively, “Plaintiffs”) filed this action against defendant David Brownlow (“Defendant”) for breach of contract.  Plaintiffs allege that they loaned Defendant $150,000 and that Defendant has failed to pay them back.  Default was initially entered against Defendant on September 30, 2022, and Plaintiffs submitted a default package on October 11, 2022.  However, default was vacated on October 28, 2022, due to faulty service.  Plaintiffs filed another proof of service of summons and default was entered against Defendant on December 7, 2022. 

On May 3, 2023, the Court continued the hearing on the default prove-up hearing to August 3, 2023.  Plaintiff submitted another default package on July 20, 2023.

II.          DISCUSSION

Lim declares that he and his wife, Ung, entered into an agreement with Defendant on January 9, 2019, and agreed to lend Defendant $150,000.  (Lim Decl., 1:23-26.) Defendant was supposed to begin repayments on February 9, 2019; however, he has failed to make any payments and the entire balance plus interest remains due.  (Lim Decl., 1:26-27.)  Lim attaches a true and correct copy of the promissory note as Exhibit A to his declaration. 

At this time, Plaintiffs request a judgment of $197,669.36, consisting of $150,000 for the promissory note, $47,051.36 in interest, and $618 in costs. 

Plaintiffs substantiate their damages and have corrected the previously identified deficiencies with their application.  Plaintiffs filed an updated calculation of interest and revised proposed judgment on July 20, 2023.  Therefore, their application for default judgment is ready to be approved

III.        CONCLUSION

Accordingly, the application for default judgment is GRANTED. 

Dated this 3rd day of August, 2023