Case Number: BC570735??? Hearing Date: August 29, 2016??? Dept: 34
SUBJECT: Request for Default Judgment
Moving Party: Plaintiff Teri Kang
Resp. Party: None
Plaintiff?s request for default judgment as to Defendants In Sook Shin, James Shin, David Shin, Dream Food Corporation, Vision Trade Corporation and Angus Meat Market is GRANTED as indicated below.
Plaintiff Teri Kang commenced this action on 1/28/15 against defendants for: (1) dishonor of checks; (2) fraud; (3) breach of contract; (4) breach of contract; (5) common counts; (6) possession of personal property; and (7) unjust enrichment.
On 3/7/16, the Court held an OSC re Entry of Default Judgement. Plaintiff failed to file the required documents and said he needed two months to correct the problems. The Court gave plaintiff three months, setting a continued OSC re Entry of Default Judgment for 6/7/16. The Court also indicated at that time that if Plaintiff corrected the defects, default judgment would be granted, but if judgment was not entered by 6/7/16, the case would be dismissed. After finding that no corrections had been made to the request for default judgment, the Court dismissed the action on its own motion on 6/7/16.
On 7/15/16, the court granted Plaintiff?s motion to set aside the dismissal based on a finding of attorney neglect. The court reset the hearing on the request for default judgment to 8/29/16.
On 3/7/16, the court held an OSC re Entry of Default Judgment and noted the following defects: (1) failure to provide an accurate interest calculation; and (2) failure to identify the defendants against who default judgment is being sought.
The default judgment is sought against Defendants In Sook Shin, James Shin, David Shin, Dream Food Corporation, Vision Trade Corporation and Angus Meat Market. (Defendant Hong was dismissed from the action without prejudice on 1/25/16.) All defaulting Defendants were properly served with the summons and Complaint. Defaults were entered against Defendants Vision Trade, Dream Food and James Shin on 6/4/15. Defaults were entered against Defendants Angus Meat and In Shin on 7/2/15. David Shin?s default was entered on 11/5/15.
Plaintiff again fails to provide an accurate interest calculation. However, the Court has calculated the correct interest at the rate of 10%, and enters default judgement as follows Defendants In Sook Shin, James Shin, David Shin, Dream Food Corporation, Vision Trade Corporation and Angus Meat Market, jointly and separately as follows:
Costs: $ 783.00
Attorneys? Fees: $0.00