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.
****0044
02/15/2018
Pending - Other Pending
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
GLORIA WHITE-BROWN
BUENOS AIRES LEASING LLC
MCBATH KESEAN
MCBATH KESEAN MURICE
MCBATH KESEAN M.
MCBATH KESEAN MURICE AKA KESEAN M. MCBATH AKA KESEAN MCBATH
2/15/2018: Complaint
2/15/2018: Summons
2/15/2018: Civil Case Cover Sheet
2/16/2018: Notice of Case Management Conference
4/10/2018: Legacy Document
4/17/2018: Legacy Document
7/9/2018: Minute Order
10/5/2018: Amended Complaint
10/18/2018: Declaration
10/25/2018: Minute Order
12/17/2018: Minute Order
12/17/2018: Declaration
12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice
1/23/2019: Notice
2/25/2019: Request for Dismissal
3/5/2019: Case Management Statement
3/21/2019: Request for Entry of Default / Judgment
6/26/2019: Minute Order
at 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Failure to File Default) - Held - Continued
at 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued
Minute Order ( (Case Management Conference; Order to Show Cause Re: Failure t...)); Filed by Clerk
at 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued
Minute Order ( (Case Management Conference)); Filed by Clerk
Notice (Notice of Continued Case Management Conference and OSC re Default); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)
Request for Entry of Default / Judgment; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)
Proof of Personal Service; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)
Summons (on Complaint (2nd)); Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)
Notice of Rejection Default/Clerk's Judgment; Filed by Clerk
at 08:30 AM in Department J; Case Management Conference (Conference-Case Management; Matter continued) -
Minute order entered: 2018-07-09 00:00:00; Filed by Clerk
Case Management Statement; Filed by Plaintiff
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) -
Rtn of Service of Summons & Compl; Filed by Buenos Aires Leasing, LLC (Plaintiff)
OSC-Failure to File Proof of Serv; Filed by Clerk
Notice of Case Management Conference; Filed by Clerk
Complaint; Filed by Buenos Aires Leasing, LLC (Plaintiff)
Summons (on Amended Complaint (1st)); Filed by Clerk
Civil Case Cover Sheet; Filed by Buenos Aires Leasing, LLC, a California Limited Liability Company (Plaintiff)
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:
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)