Judge: Alison Mackenzie, Case: 23STCV08814, Date: 2024-07-15 Tentative Ruling

Case Number: 23STCV08814    Hearing Date: July 15, 2024    Dept: 55

NATURE OF PROCEEDINGS: Hearing on Motion for Attorney Fees

BACKGROUND

Plaintiff Mojgan Yamini sued defendant Operation Bootstrap on April 20, 2023 for breach of written contract and specific performance.

On May 11, 2023, Plaintiff filed a proof of personal service on Defendant that same date.

Defendant filed no answer.

On June 13, 2023, the clerk entered Defendants’ default.

On June 21, 2023, Plaintiff submitted his default prove-up materials. The request for entry of default judgment did not include a request for attorney’s fees.

On November 28, 2023, the Court granted Plaintiff’s request for judgment and entered default judgment against Defendant.

On June 7, 2024, Plaintiff filed the instant motion for attorneys’ fees.

DISCUSSION

A plaintiff who obtains default judgment cannot thereafter obtain fees by post-judgment motion. (See Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“[A] party seeking entry of a default judgment must apply for all of the relief sought – including attorney fees – when application is made for entry of default.”.] (emphasis in original).)

Plaintiff obtained default judgment. He did not request his fees at the time of default, and the Court cannot award them now, months after entry of default judgment.

The motion is denied.