Judge: Yolanda Orozco, Case: 22STCV30955, Date: 2023-01-19 Tentative Ruling
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Case Number: 22STCV30955 Hearing Date: January 19, 2023 Dept: 31
REQUEST FOR ENTRY
OF DEFAULT JUDGMENT
TENTATIVE RULING
Plaintiff’s request for Default Judgment in
the amount of $59,903.36 is GRANTED.
On September 21, 2022, Plaintiff The Cit Group/Commercial
Services, Inc. filed a Complaint against Defendant Detroit Supply Co. and Does
1 to 50 alleging causes of action 1) For Goods and Services Sold and Delivered;
2) Account Stated and 3) Open Book Account.
The Complaint specifically demanded $52,565.00 in damages,
plus attorney’s fees and interest.
On November 07, 2022, Proof of Service was filed, and
Default was Entered against Defendant.
On January 10, 2023, Does 1 to 50 were dismissed and
Plaintiff 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.)
DISCUSSION
Plaintiff request judgment in the amount of 59,903.36 against Defendant
Detroit Supply Co. The Judgment consists of $52,565.00 in damages, $4,882.06 in
interest at 10% per annum, and $1,941.31 in attorney’s fees, and $515.00 in
costs.
Plaintiff
obtained the assignment of the debt from Merchant Factors who obtained it from
the original vendor Three Layer Sportswear d/b/a General Imports Inc. (Resse
Decl. ¶ 5.) Plaintiff’s Exhibit 1 is an Affidavit Acknowledging Assignment of
Account Receivables to Plaintiff. (Resse Decl. Ex. 1.)
Plaintiff
asserts that between December 22, 2021, and January 1, 2022, Defendant received
products and services in excess of the sum of $52,565.00 as evidenced in a copy
of the Statement that Defendant failed to pay. (Resse Decl. ¶¶ 6,7, Ex. 2.)
Plaintiff requests interest on the Principal
of $52,565.00 at 10% interest from December 22, 2021, to November 26, 2022,
totaling $4,882.06. (Resse Decl. ¶ 11, Ex. 3.)
Plaintiff asserts it is entitled to attorney’s fees under Civil Code
section 1717.5 based on its book account. Accordingly, Plaintiff requests
Attorney’s Fees in the amount of $1,941.31. (Resse Decl. ¶ 11.)
The Court notes that with attorney’s fees owed at $1,941.31 the correct judgment amount is $59,903.37 as reflected in Plaintiff’s CIV-100 form. Plaintiff’s proposed judgment (JUD-100) lists that judgment amount as $59,903.36, a one-cent difference.
The Court GRANTS Plaintiff’s Motion and awards judgment in the requested amount of $59,903.36.
Conclusion
Plaintiff’s request for Default Judgment in the
amount of $59,903.36 is