Judge: William A. Crowfoot, Case: 22AHCV00705, Date: 2023-05-01 Tentative Ruling


Case Number: 22AHCV00705    Hearing Date: May 1, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

DISCOVER BANK,

                   Plaintiff(s),

          vs.

 

JACOB BRAVER EPSTEIN,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00705

 

[TENTATIVE] ORDER RE: DEFAULT PROVE-UP HEARING PURSUANT TO CCP § 585

 

Dept. 3

8:30 a.m.

May 1, 2023

 

On September 21, 2022, plaintiff Discover Bank (“Plaintiff”) filed this action asserting common counts including an open book account and an account stated against defendant Jacob Braver Epstein (“Defendant”).  Plaintiff alleges that Defendant owes credit card debt in the amount of $30,805.28.  At Plaintiff’s request, the court clerk entered default against Defendant on December 28, 2022.  At this time, Plaintiff requests a default judgment in the amount of $31,307.28 consisting of $30,805.28 as demanded in the complaint and $502 in costs.   

Vicki Phillips, a Litigation Support Coordinator for Discover Products Inc., successor by merger to DB Servicing Corporation (“Discover”), the servicing affiliate for Plaintiff, submits a declaration authenticating a single credit card statement.  This is insufficient because there is no copy of a credit card application or the credit card agreement that set up Defendant’s credit card account with Plaintiff. 

The hearing on Plaintiff’s application for default judgment pursuant to CCP § 585 is CONTINUED to ______ at 8:30 a.m. in Department 3 of the Alhambra Courthouse.  Revised paperwork should be submitted no later than 2 weeks before the hearing.  

Moving party to give notice.

Dated this 1st day of May, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.