Judge: William A. Crowfoot, Case: 23AHCV01182, Date: 2023-10-12 Tentative Ruling

Case Number: 23AHCV01182    Hearing Date: October 12, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

AMERICAN EXPRESS NATIONAL BANK,

                   Plaintiff,

          vs.

 

KIET TRAN

 

                   Defendant.

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CASE NO.: 23AHCV01182

 

[TENTATIVE] ORDER RE: DEFENDANT’S REQUEST FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

October 12, 2023

 

I.            INTRODUCTION

On May 24, 2023, plaintiff American Express National Bank (“Plaintiff”) filed this action against defendant Kiet Tran (“Defendant”) for account stated and open book account, alleging that Defendant has an outstanding balance of $167,676.38.  Trial is not yet set. The motion is unopposed. 

On June 7, 2023, Tran was served by personal service with copies of the summons and complaint.

On September 26, 2023, Plaintiff filed a request for court entry of default judgment, along with a proposed order and a declaration of interest, costs, and attorney’s fees. The clerk of the court entered default on that date.

II.          DISCUSSION

Plaintiff requests default judgment in the amount of $168,227.78, comprising the $167,676.38 that Defendant allegedly owes and $551.40 in costs.

Plaintiff attaches a copy of the final billing statement for Defendant to its declaration in support of its request for default. (Decl., Exhibit A.) Regarding costs, Plaintiff states that the fee for filing the summons and complaint in this matter was $435, the fee for service of process total was $98.50, and the fee for electronic filing of the summons, complaint and proof of service was $17.90. (Decl. para. 4.)  The Court finds Plaintiff’s prove-up sufficient.

III.        CONCLUSION

Accordingly, the Court GRANTS Plaintiff’s request for default judgment against Defendant Kiet Tran in the amount of $168,227.78.

Moving party to give notice.

Dated this 12th day of October, 2023

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

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.