This case was last updated from Los Angeles County Superior Courts on 12/13/2021 at 15:27:23 (UTC).

BUENOS AIRES LEASING, LLC VS KESEAN MURICE MCBATH

Case Summary

On 02/15/2018 BUENOS AIRES LEASING, LLC filed a Contract - Other Contract lawsuit against KESEAN MURICE MCBATH. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is GLORIA WHITE-BROWN. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0044

  • Filing Date:

    02/15/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GLORIA WHITE-BROWN

 

Party Details

Plaintiff

BUENOS AIRES LEASING LLC

Defendants

MCBATH KESEAN

MCBATH KESEAN MURICE

MCBATH KESEAN M.

MCBATH KESEAN MURICE AKA KESEAN M. MCBATH AKA KESEAN MCBATH

Attorney/Law Firm Details

Plaintiff Attorneys

KLINGERMAN CRIS A. ESQ.

KLINGERMAN CRIS A ESQ.

KLINGERMAN CRIS A

 

Court Documents

Order - ORDER TENTATIVE RULING

9/24/2019: Order - ORDER TENTATIVE RULING

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

9/24/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

10/24/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Order - ORDER TENTATIVE RULING

10/24/2019: Order - ORDER TENTATIVE RULING

Declaration Pursuant to 585 CCP in Support of Default Judgment

10/29/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment

Judgment - JUDGMENT JUDGMENT BY COURT BY DEFAULT

10/29/2019: Judgment - JUDGMENT JUDGMENT BY COURT BY DEFAULT

Supplemental Declaration - SUPPLEMENTAL DECLARATION SUPPLEMENTAL DECLARATION OF PLAINTIFF IN SUPPORT OF DEFAULT JUDGMENT AND VEHICLE VALUATION

10/29/2019: Supplemental Declaration - SUPPLEMENTAL DECLARATION SUPPLEMENTAL DECLARATION OF PLAINTIFF IN SUPPORT OF DEFAULT JUDGMENT AND VEHICLE VALUATION

Request for Entry of Default / Judgment

10/29/2019: Request for Entry of Default / Judgment

Notice - NOTICE OF ENTRY OF JUDGMENT

1/10/2020: Notice - NOTICE OF ENTRY OF JUDGMENT

Complaint

2/15/2018: Complaint

Summons - Summons on Amended Complaint (1st)

2/15/2018: Summons - Summons on Amended Complaint (1st)

Civil Case Cover Sheet

2/15/2018: Civil Case Cover Sheet

Notice of Case Management Conference

2/16/2018: Notice of Case Management Conference

Legacy Document - LEGACY DOCUMENT TYPE: OSC-Failure to File Proof of Serv

4/10/2018: Legacy Document - LEGACY DOCUMENT TYPE: OSC-Failure to File Proof of Serv

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

4/17/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Case Management Statement

6/21/2018: Case Management Statement

Minute Order - Minute order entered: 2018-07-09 00:00:00

7/9/2018: Minute Order - Minute order entered: 2018-07-09 00:00:00

Amended Complaint - (Amended)

10/5/2018: Amended Complaint - (Amended)

25 More Documents Available

 

Docket Entries

  • 01/23/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Not Held - Vacated by Court

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  • 01/23/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Failure to File Default) - Not Held - Vacated by Court

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  • 01/10/2020
  • DocketNotice (of Entry of Judgment); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 10/29/2019
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 10/29/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 10/29/2019
  • DocketJudgment (Judgment by Court by Default); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 10/29/2019
  • DocketSupplemental Declaration (Supplemental Declaration of Plaintiff in Support of Default Judgment and Vehicle Valuation); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 10/24/2019
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

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  • 10/24/2019
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Failure to File Default) - Held - Continued

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  • 10/24/2019
  • DocketOrder (Tentative Ruling); Filed by Clerk

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38 More Docket Entries
  • 07/09/2018
  • Docketat 08:30 AM in Department J; Case Management Conference (Conference-Case Management; Matter continued) -

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  • 07/09/2018
  • DocketMinute order entered: 2018-07-09 00:00:00; Filed by Clerk

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  • 06/21/2018
  • DocketCase Management Statement; Filed by Plaintiff

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  • 05/30/2018
  • Docketat 08:30 AM in Department J; Order to Show Cause Re: Failure to File Proof of Service (OSC-Failure to File Proof of Serv; Matter Placed Off Calendar) -

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  • 04/17/2018
  • DocketRtn of Service of Summons & Compl; Filed by Buenos Aires Leasing, LLC (Plaintiff)

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  • 04/10/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 02/16/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/15/2018
  • DocketCivil Case Cover Sheet; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 02/15/2018
  • DocketSummons (on Amended Complaint (1st)); Filed by Clerk

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  • 02/15/2018
  • DocketComplaint; Filed by Buenos Aires Leasing, LLC (Plaintiff)

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Tentative Rulings

Case Number: KC070044    Hearing Date: October 24, 2019    Dept: J

OSC DATE: Thursday, October 24, 2019

RE: Buenos Aires Leasing, LLC v. McBath (KC070044)

______________________________________________________________________________

 

Plaintiff Buenos Aires Leasing, LLC’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Buenos Aires Leasing, LLC’s Application for Default Judgment is DENIED without prejudice.

Background

On or about May 13, 2015, Plaintiff Buenos Aires Leasing (“Plaintiff”) purchased a 2011 International Pro Star, VIN #3HSCUAPR9BN196498 (“subject vehicle”) for $57,495.00. Plaintiff alleges that on or about February 15, 2017, Plaintiff and Defendant Kesean Murice McBath aka Kesean M. McBath aka Kesean McBath (“McBath”) entered into a written truck lease, whereby McBath leased the subject vehicle from Plaintiff for a 36-month term commencing March 1, 2017 through February 29, 2020 at the rate of $1,000.00/month. Plaintiff alleges that on or about March 1, 2017, McBath defaulted under the truck lease and, on or about May 2, 2018, burned the subject vehicle to a condition beyond repair. Plaintiff alleges that, notwithstanding McBath’s obligation to insure the subject vehicle, the subject vehicle was uninsured at the time it was destroyed by fire.

On December 17, 2018, Plaintiff filed a Second Amended Complaint (“SAC”), asserting a cause of action against McBath and Does 1-10 for:

  1. Breach of Contract of Bailment

On January 2, 2019, Plaintiff filed a Notice of Errata Regarding SAC (“Notice of Errata”). On February 25, 2019, Plaintiff filed a proof of service, which reflected that McBath was substitute served with the summons, SAC and Notice of Errata on January 6, 2019.

On March 21, 2019, McBath’s default was entered.

A Case Management Conference and Order to Show Cause Re: Failure to File Default are set for October 24, 2019.

Discussion

Plaintiff’s Application for Default Judgment is DENIED without prejudice. Plaintiff has submitted a supplemental declaration from Jarnail Gugga (“Gugga”) to establish the value of the subject vehicle at the time of loss. Gugga requests pre-judgment interest on the truck value in the amount of $5,170.89; however, the Judicial Council CIV-100 Request for Entry of Default submitted on August 6, 2019 does not request prejudgment interest. It is unclear, moreover, how prejudgment interest was calculated.

ANALYSIS

Yes (3/21/19) Default Entered. (JC Form CIV-100.)

Yes Dismissal of all parties against whom judgment is not sought or an

application for separate judgment against specified parties under CCP

579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)

Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)

Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)

Yes Summary of the case. (CRC 3.1800 (a)(1).)

Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)

Yes Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)

See above __ __ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

Yes Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)

Yes Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)

Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)

N/A Statement of Damages served (P.I./wrongful death). (JC Form MC-010; CCP 425.11.)

N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)

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