RE: Tygro, LLC v. Gutierrez (18PSCV00008)

______________________________________________________________________________

Plaintiff Tygro, LLC’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Tygro, LLC’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff Tygro, LLC (“Plaintiff”) is in the business of marketing and selling vehicle service contracts. Plaintiff alleges that Defendant James Gutierrez (“Defendant”) holds himself out as the owner of a “full service marketing company focusing on lead generation strategies,” and purports to dba AutoTel Group. Plaintiff alleges that, in or about mid-2017, Plaintiff entered into an oral agreement with Defendant wherein Defendant agreed to provide legally obtained, viable sales leads to Plaintiff in exchange for payment by Plaintiff of $28.00 for each live transfer which resulted in a minimum call duration of 60 seconds (“Live Transfer”), or $350.00 for each sale generated (“Completed Sales”). Pl