This case was last updated from Los Angeles County Superior Courts on 06/27/2019 at 07:25:22 (UTC).

BUENOS AIRES LEASING, LLC VS KESEAN MURICE MCBATH

Case Summary

On 02/15/2018 a Contract - Other Contract case was filed by BUENOS AIRES LEASING, LLC against KESEAN MURICE MCBATH in the jurisdiction of Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0044

  • Filing Date:

    02/15/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

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

 

Court Documents

Complaint

2/15/2018: Complaint

Summons

2/15/2018: Summons

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

4/10/2018: Legacy Document

Legacy Document

4/17/2018: Legacy Document

Minute Order

7/9/2018: Minute Order

Amended Complaint

10/5/2018: Amended Complaint

Declaration

10/18/2018: Declaration

Minute Order

10/25/2018: Minute Order

Minute Order

12/17/2018: Minute Order

Declaration

12/17/2018: Declaration

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice

1/23/2019: Notice

Request for Dismissal

2/25/2019: Request for Dismissal

Case Management Statement

3/5/2019: Case Management Statement

Request for Entry of Default / Judgment

3/21/2019: Request for Entry of Default / Judgment

Minute Order

6/26/2019: Minute Order

16 More Documents Available

 

Docket Entries

  • 06/26/2019
  • at 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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  • 06/26/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

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  • 06/26/2019
  • Minute Order ( (Case Management Conference; Order to Show Cause Re: Failure t...)); Filed by Clerk

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  • 03/22/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

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  • 03/22/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 03/22/2019
  • Notice (Notice of Continued Case Management Conference and OSC re Default); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 03/21/2019
  • Request for Entry of Default / Judgment; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 03/21/2019
  • Proof of Personal Service; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 03/11/2019
  • Summons (on Complaint (2nd)); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)

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  • 03/08/2019
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

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

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

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

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  • 05/30/2018
  • at 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
  • Rtn of Service of Summons & Compl; Filed by Buenos Aires Leasing, LLC (Plaintiff)

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

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

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

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

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