Tentative Ruling: Herc Rentals Inc vs Pacific Farm Management LLC et al
Case Number
22CV03243
Case Type
Hearing Date / Time
Mon, 03/30/2026 - 10:00
Nature of Proceedings
Default Prove Up
Tentative Ruling
Herc Rentals, Inc. v. Pacific Farm Management LLC, et al.
Case No. 22CV03243
Hearing Date: March 30, 2026
HEARING: Default Judgment Prove-Up
ATTORNEYS: For Plaintiff Herc Rentals, Inc.: Rodolfo Gaba Jr.
For Defendant Pacific Farm Management LLC: No Appearance
For Defendant Leo Maya: No Appearance
TENTATIVE RULING:
Judgment will be entered as requested, in the total amount of $16,969.89. The Court will sign the proposed Judgment submitted by plaintiff.
Background:
This action commenced on August 23, 2022, by the filing of the complaint by plaintiff Herc Rentals Inc. (plaintiff) against defendants Pacific Farms Management LLC, fka Maya Farms LLC (Pacific Farm Management), and Leo Maya (Maya) (collectively “defendants”) for Breach of Contract.
As alleged in the complaint:
On September 22, 2020, plaintiff and defendants entered into a written agreement. (Compl., ¶ 6 & Exh. 1.) Defendants defaulted under the terms of the agreement failing to pay money due to plaintiff on May 6, 2021. (Id. at ¶ 8.) Defendants owe plaintiff $13,107.06, plus statutory interest at the rate of 10 percent per annum from the date of default. (Id. at ¶ 9.)
Having exercised due diligence, with no reasonable means to serve Pacific Farm Management, on February 7, 2024, plaintiff filed an application to serve the California Secretary of State on behalf of Pacific Farm Management, which was granted.
On May 15, 2024, plaintiff filed proof of service on Pacific Farm Management through the California Secretary of State.
Having exercised due diligence, with no reasonable means to serve Maya, on July 1, 2024, plaintiff filed an application for service by publication, which was granted on July 17, 2024.
On September 16, 2024, plaintiff filed proof of service on Maya by publication in the Santa Barabara Independent.
On March 12, 2026, plaintiff filed a request for entry of default and request for Court Judgment against defendants. Default was entered.
The court now proceeds with the hearing on the Default Judgment pursuant to Code of Civil Procedure section 585, subdivision (d).
Analysis:
“Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true.” (Code Civ. Proc., § 431.20, subd. (a).)
“A defendant’s failure to answer the complaint has the same effect as admitting the well-pleaded allegations of the complaint, and as to these admissions no further proof of liability is required. [Citations.] Thus, in a default situation such as this, if the complaint properly states a cause of action, the only additional proof required for the judgment is that needed to establish the amount of damages. [Citations.]” (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 898.)
Code of Civil Procedure section 585 provides, in relevant part:
“(b) In other actions, if the defendant has been served, other than by publication, and no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10 or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed with the clerk of the court within the time specified in the summons, or within further time as may be allowed, the clerk, upon written application of the plaintiff, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint. The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by the evidence to be just. If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. If the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account is involved, by a reference as above provided.
“(c) In all actions where the service of the summons was by publication, upon the expiration of the time for answering, and upon proof of the publication and that no answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for writ of mandate as provided in Section 418.10 has been filed, the clerk, upon written application of the plaintiff, shall enter the default of the defendant. The plaintiff thereafter may apply to the court for the relief demanded in the complaint; and the court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, as appears by the evidence to be just. If the defendant is not a resident of the state, the court shall require the plaintiff, or the plaintiff’s agent, to be examined, on oath, respecting any payments that have been made to the plaintiff, or to anyone for the plaintiff’s use, on account of any demand mentioned in the complaint, in the statement required by Section 425.11, or in the statement provided for in Section 425.115, and may render judgment for the amount that the plaintiff is entitled to recover. In all cases affecting the title to or possession of real property, where the service of the summons was by publication and the defendant has failed to answer, no judgment shall be rendered upon proof of mere occupancy, unless the occupancy has continued for the time and has been of the character necessary to confer title by prescription. In all cases where the plaintiff bases a claim upon a paper title, the court shall require evidence establishing the plaintiff’s equitable right to judgment before rendering judgment. In actions involving only the possession of real property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property involved, either by prescription, accession, transfer, will, or succession, but only the possession thereof, the court may render judgment upon proof of occupancy by plaintiff and ouster by defendant.
“(d) In the cases referred to in subdivisions (b) and (c), or upon an application to have attorneys’ fees fixed by the court pursuant to subdivision (a), the court in its discretion may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard in those cases. The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.” (Code Civ. Proc., § 585, subds. (b)-(d).)
“The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115; but in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The court may impose liability, regardless of whether the theory upon which liability is sought to be imposed involves legal or equitable principles.” (Code Civ. Proc., § 580, subd. (a).)
Here, by way of the complaint, plaintiff demanded principal damages of $13,107.06, interest at the rate of 10 percent per annum, reasonable attorney’s fees, and costs of suit. By way of the present prove-up, plaintiff is not seeking attorney’s fees, but is seeking the principal damages, interest, and costs.
“A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.” (Civ. Code, § 3287, subd. (a).)
By way of declaration, plaintiff’s legal analyst, Amanda Coleman, provides sufficient testimony to establish that defendants are in debt to plaintiff in the amount of $13,107.06, plus interest at the rate of 10 percent per annum beginning June 21, 2022. (Coleman Decl., ¶ 6.)
Plaintiff’s counsel provides a declaration establishing that the interest on $13,107.06, at 10 percent per annum, from June 21, 2022, to January 3, 2025, totals $3,328.83, and that plaintiff has incurred recoverable costs of $534.00, consisting of filing fees and service costs. (Gaba Decl., ¶¶ 3, 4.) The total judgment, after including interest and recoverable costs, is $16,969.89.
Judgment will be had in the requested amount.