Judge: William A. Crowfoot, Case: 22AHCV00480, Date: 2023-04-21 Tentative Ruling

Case Number: 22AHCV00480    Hearing Date: April 21, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

On July 20, 2022, plaintiff Boeing Employees’ Credit Union filed this action against defendants Tigran Simonyan (“Defendant”).  Plaintiff also named the California Department of Motor Vehicles, Director of the Department of Motor Vehicles (“DMV”) as the governmental entity that oversees the registration of vehicles and issues certificates of title.  (Compl., ¶ 3.)  Plaintiff alleges that on or about November 2, 2018, Defendant applied for and received a loan of money to purchase a 2015 Porsche Panamera (the “Vehicle”) pursuant to a written agreement (the “Agreement”).  (Compl., ¶ 7.)  Plaintiff alleges that Defendant defaulted on the Agreement and demands a principal sum of $21,239.43, interest at the contract rate of 4.39%, late fees, and reasonable attorney’s fees and costs.  (Compl., ¶ 14.)  Plaintiff also requests a judgment against the DMV so that the Vehicle’s title reflects Plaintiff as the holder of a perfected lien interest in the Vehicle.  (Compl., ¶ 11.) 

On August 12, 2022, the DMV filed a stipulation through which Plaintiff agreed not to seek any monetary recovery against the DMV and the DMV agreed to abide by the determination of this Court respecting the transfer of registration or title to the Vehicle.  (Stipulation, 8/12/2022.)   

Default was entered against Defendant on September 21, 2022 at Plaintiff’s request.  Does 1 through 10 were dismissed on December 2, 2022.  Also on December 2, 2022, Plaintiff filed a Requests for Court Judgment on Form CIV-100 of $26,616.48, requesting a judgment against Defendant only in the amount of $26,616.48, consisting of $21,239.43 as demanded in the complaint, $3,674.55 for interest, $675.50 in costs, and $1,027 in attorney fees.          

Although Plaintiff has submitted adequate evidence of its damages, the Court cannot enter the proposed judgment and order at this time because line 5 on page 3 of the proposed judgment improperly refers to “Defendant Poghosyan” instead of “Defendant Simonyan.” 

          Accordingly, the OSC is CONTINUED to _________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse.  If Plaintiff files a corrected judgment such that it appears on the Court’s document prior to the time of the hearing and delivers a courtesy copy to the Court a continuance of the hearing may be avoided.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.