Kahn

Introduction

Plaintiff David L. Kahn appeals from an order dismissing his fourth amended complaint following an unsuccessful application for the entry of default. Because the trial court failed to exercise discretion in deciding whether to accept copies of promissory notes in lieu of the originals at the default prove-up hearing, we reverse and remand for a new hearing.

Procedural Summary and Factual Statement

As there was no contested factual determination, the underlying events are gleaned from the complaint, plaintiffs declaration filed in support of his default application, and responses to plaintiffs requests for admission. Essentially, plaintiff claimed to have loaned defendant Tommy Lasorda, Inc. (Lasorda Inc.), $25,000. The loans were memorialized in two promissory notes for $12,000 and $13,000, respectively. In addition, Lasorda Inc. and defendant Lasorda’s Dugout, Inc. (Dugout) guaranteed payment of the two notes. Neither defendant repaid the monies when they became due, so plaintiff brought this action.

The record does not disclose the entire history of the litigation, but, as noted, the operative pleading was the fourth amended complaint. Apparently, at…