OSC DATE: Friday, November 13, 2020

RE: Garcia II v. Fernandez (19PSCV00489)

______________________________________________________________________________

Plaintiff Manuel Garcia II’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Manuel Garcia II’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff Manual Garcia II (“Plaintiff”) alleges as follows: On or about November 3, 2013, Plaintiff’s father, Manuel Garcia Sr. (“Garcia Sr.”) made a loan, the 16th in a series of loans, to Defendants Jesus (“J. Fernandez”) and Rafaela M. Fernandez (“R. Fernandez”) (collectively, “Defendants”). The loans were made to Defendants to allow them to operate a Mexican food restaurant in Pomona. In addition to accepting loan proceeds from Garcia Sr., Defendants repeatedly told Garcia Sr. that he was one of the owners of the restaurant. The total amount of the 16 loans is approximately $71,599.16. Since the date of the last loan, Garcia Sr. has executed a