Case Number: BC674590 Hearing Date: March 02, 2018 Dept: 53

BMO HARRIS BANK N.A. vs. DAVID VALENZUELA, et al. ; BC674590, MARCH 2, 2018

[Tentative] Order RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT AGAINST DEFENDANT DAVID VALENZUELA

Plaintiff BMO Harris Bank N.A. (“Plaintiff”) requests that the Court enter default judgment against Defendant David Valenzuela (“Defendant”).

The Court notes the following deficiencies with Plaintiff’s default judgment packet:

· Plaintiff’s Complaint is on a written obligation to pay money, i.e., the subject Loan and Security Agreements. However, Plaintiff has failed to provide the original Loan and Security Agreements and Modification Agreements, or in the alternative, a declaration explaining loss or unavailability of the original with a proposed order to accept a copy in lieu of the original pursuant to CRC Rule 3.1806.

· The Declaration of Tonya Hinton in support of the default judgment is also insufficient to support the damages requested. The attachments are inadequate to support the accounting for the balance due, as there is no invoice or summary of amounts showing payments made. There are also no facts that account for Plaintiff’s taking possession of the equipment that was purchased with the loaned funds.

The Court orders that Plaintiff correct the above deficiencies and resubmit the default judgment packet. The OSC re Failure to File Default Judgment is continued to April 5, 2018. Plaintiff ordered to file above five court days before the continued hearing date.

DATED: March 2, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court