Case Number: BC604692??? Hearing Date: October 13, 2016??? Dept: 37

CASE NAME: P-Cove Enterprises, Inc. v. Fern Rock International LLC

CASE NO.: BC604692

HEARING DATE: 10/13/16

DEPARTMENT: 37

CALENDAR NO.: 8

NOTICE: OK

SUBJECT: Request for Default Judgment

MOVING PARTY: Plaintiff P-Cove Enterprises, Inc.

OPPOSING PARTY: None

COURT?S TENTATIVE RULING

Default judgment is entered in the amount of $54,586.58. Counsel for Plaintiff to give notice.

STATEMENT OF THE CASE

This action arises out of Defendant Fern Rock International LLC?s alleged failure to pay for goods it ordered and received from Plaintiff P-Cove Enterprises, Inc. Plaintiff alleges it delivered goods to Defendant on various dates in September and October 2014; that it sent Defendant invoices and a final statement memorializing the agreement for the sale of goods; and that Defendant failed to pay for the goods it received. Plaintiff asserts causes of action for breach of contract and common counts. Defendant?s agent for service of process was personally served the summons and complaint on March 15, 2016. Defendant?s default was entered on May 24, 2016.

SUMMARY OF DEFAULT JUDGMENT REQUEST

* Damages Requested: $45,000

* Interest: $7,989.84

* Attorney Fees: N/A

* Costs: $782.96

* Total: $53,772.80

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) YES

8. Cost memorandum YES

9. Request for attorney fees (Local Rule 3.214) N/A

10. Proposed judgment YES

DISCUSSION

Plaintiff demonstrates it is entitled to the requested default judgment. Plaintiff presents the declaration of Jonathan Manhan, president and CEO of Plaintiff, doing business as Buyers Consultation Services. Mr. Manhan states that Plaintiff delivered the goods ordered by Defendant, that Defendant received the goods, and that Plaintiff sent invoices as well as a final statement to Defendant. The invoices and final statement are attached as Exhibit A to the declaration, and show that Defendant owes $45,000 for the goods delivered. Mr. Manhan also states that Defendant has not yet paid for the goods pursuant to the invoices, and has not returned the goods. Plaintiff also presents a cost memorandum and a calculation of interest owed through August 8, 2016. Plaintiff is entitled to additional interest in the amount of $813.78 (based on the 66 days between August 8, 2016 and October 13, 2016, at the daily rate of $12.33). Accordingly, because Plaintiff has established a prima facie case of damages, the request for default judgment is granted in the amount of $54,586.58.