Case Number: 19STCV26293 Hearing Date: January 22, 2020 Dept: 34

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

BACKGROUND:

On July 29, 2019, Plaintiff Asiana Capital, Inc. commenced this action against David Dweck for (1) breach of written contract; (2) open book account; and (3) account stated.

Plaintiff alleges it entered into a written Factoring Agreement with Bryan Mitchell Apparel, Inc. and a written Continuing Guarantee agreement with Defendant Dweck, where Defendant Dweck unconditionally guaranteed and promised to pay on demand to Plaintiff all indebtedness then or thereafter owing from Bryan Mitchell to Plaintiff. (Complaint, ¶¶9-13.) Plaintiff alleges since at least April, 2019 and continuing thereafter, Bryan Mitchell defaulted under the Factoring Agreement by becoming insolvent or unable to meet its debts, which created an outstanding and unpaid principal balance of $30,912.07, plus interest and costs of suit. (Id. at ¶¶ 15, 17.) Plaintiff alleges that pursuant to the terms of the Guarantee and because of Bryan Mitchell’s insolvency, Defendant Dweck is liable for the principal balance. (Id. at ¶ 15.)

ANALYSIS:

The request for Entry of Default Judgement is DENIED. Plaintiff has not supplied the Court with the following necessary documents:

· Proposed form of judgment (CRC 3.1800(a)(6)

· Originals

· Request for dismissal of does (CRC 3.1800(a)(7))

· Attorney fee declaration (CRC 3.1800(b))

· Interest computations (CRC 3.1800(a)(3))

· Summary of case (CRC 3.1800(a)(1))

· Evidentiary declarations (CRC 3.1800(a)(2))

· Form CIV-100 for entry of court judgment (CRC 3.1800(a))

The Court will continue the OSC re Entry of Default Judgement. If default judgment is not entered by the time of the next hearing, the Court WILL dismiss the case.

OSC re Entry of Default Judgement is continued until February ___, 2020.