Case Number: BC593574??? Hearing Date: June 17, 2016??? Dept: 37

CASE NAME: Flexi-Van Leasing, Inc. v. CCI Express, a corporation, et al.

CASE NO.: BC593574

HEARING DATE: 6/17/16

DEPARTMENT: 37

CALENDAR NO.: 2

NOTICE: OK

SUBJECT: Request for Default Judgment

MOVING PARTY: Plaintiff Flex-Van Leasing, Inc.

OPPOSING PARTY: None

COURT?S TENTATIVE RULING

The request for default judgment is granted.1 Counsel for Plaintiff to give notice.

STATEMENT OF THE CASE

This action arises out of an agreement to lease chassis equipment. In the complaint, Plaintiff alleges causes of action for breach of contract, common counts, unjust enrichment, and conversion. Plaintiff alleges that Defendants failed to pay rent for chassis rentals and failed to return equipment to Plaintiff. Plaintiff seeks $40,173.00 in unpaid rent, which continued to accrue on a daily basis, in addition to the value of the unreturned chassis. Defendant CCI Express, a corporation, was served the summons and complaint on October 2, 2015, and its default was entered on January 6, 2016. Plaintiff now seeks entry of default judgment against CCI Express in the amount of $50,383.00.

SUBMITTED DOCUMENTS

(Cal. Rules of Court, rule 3.1800)

1. Use of JC Form CIV-100 YES

2. Dismissal or judgment of non-parties to the judgment YES

3. Declaration of non-military status for each defendant YES

4. Summary of the case YES

5. 585(d) declarations/admissible evidence in support YES

6. Exhibits (as necessary) YES

7. Interest computation (as necessary) N/A

8. Cost memorandum YES

9. Request for attorney fees (Local Rule 3.214) YES

10. Proposed judgment YES

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1 The court has read Plaintiff?s counsel?s declaration dated June 2, 2016 concerning the failure to appear on May 11, 2016. The court finds the failure to appear to have been as a result of an inadvertent calendaring error and for that reason discharges the OSC re dismissal. The court takes up the request for default judgment that had been the subject of the May 11, 2016 hearing date.

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SUMMARY OF DEFAULT JUDGMENT REQUEST

DAMAGES REQUESTED: $48,904.00

INTEREST: N/A

ATTORNEY FEES: $1,000.00

COSTS: $479.00

TOTAL: $50,383.00

DISCUSSION

Plaintiff establishes that Defendant has an outstanding balance of $48,904.00 in unpaid rent as of February 26, 2016. (Declaration of H. Randolph Snoke, Exhs. 1-2.) All chassis has been returned to Plaintiff, which therefore waives the conversion claim. In addition, Plaintiff is entitled to attorney fees pursuant to Civil Code section 1717.5, based on the book account of Defendant?s rental transactions with Plaintiff. Accordingly, the request for default judgment is granted in the amount of $50,383.00.