OSC DATE: Friday, August 9, 2019

RE: Avitus Inc. v. Andiamo Management Company (19PSCV00240)

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Plaintiff Avitus, Inc.’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Avitus, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff Avitus, Inc. (“Plaintiff”) alleges that on or about June 16, 2017, Defendants Andiamo Management (“Andiamo”) and Fosca Tunzi (“Tunzi”) (collectively, “Defendants”) executed a promissory note (“Note”) for the principal amount of $68,377.06 in Plaintiff’s favor. Plaintiff alleges that on or about August 30, 2017 Defendants defaulted under the terms of the Note by failing to pay the entire balance due. On March 11, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1-10 for:

Breach of Written Promissory Note

Open Book Account

Account Stated

Breach of Personal Guarantee

On June 10, 2019, Pla