Judge: Yolanda Orozco, Case: 22STCV14365, Date: 2022-10-27 Tentative Ruling
Case Number: 22STCV14365 Hearing Date: October 27, 2022 Dept: 31
REQUEST FOR ENTRY
OF DEFAULT JUDGMENT IS GRANTED
TENTATIVE RULING
Plaintiff’s request for default judgment
against Jamison
S. Goei is GRANTED in the amount of $36,429.36.
On April 29,
2022, JPMorgan Chase Bank, N.A. filed a Complaint against Defendant Jamison
Goei alleging causes of action for (1) Open Book Account and (2) Account
Stated.
Proof of personal
service against Defendant was filed on May 09, 2022.
Default was
entered on September 02, 2022, against Plaintiff and Defendants moved for
default judgment.
LEGAL STANDARD
CCP
§ 585 permits entry of a judgment after a Defendant has failed to timely answer
after being properly served. A party
seeking judgment on the default by the Court must file a Request for Court
Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible
evidence in support of the judgment requested; (3) interest computations as
necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of
judgment; (6) a dismissal of all parties against whom judgment is not sought;
(7) a dismissal of all parties against whom judgment is not sought or an
application for separate judgment under CCP § 579, supported by a showing of
grounds for each judgment; (8) exhibits as necessary; and (9) a request for
attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.)
Plaintiff
seeks judgment against Defendant Jamison S. Goei in the amount of $
36,429.36.
DISCUSSION
Plaintiff asserts Defendant owes $36,429.36 on an underlying credit account. (See Sum. in Supp. of Mot.) The amount due, $36,429.36 is requested in both Complaint and the forms CIV-100 and JUD-100. In support of the amount due, Plaintiff submitted the declaration of Stephanie Morales, who is the Authorized Signing Officer for JP Morgan Chase Bank, NA who attests that Defendant opened the bank account and the balance due is $36,429.36. (Morales Decl.) Plaintiff does not seek pre-judgment interest. (Lee Decl.) No other damages are sought by Plaintiff.
Default Judgment is GRANTED.
Conclusion
Plaintiff’s request for default judgment against Jamison S. Goei is GRANTED in the amount of $36,429.36.
Plaintiff to give notice.