Judge: Alison Mackenzie, Case: 23STCV12777, Date: 2025-04-30 Tentative Ruling

Case Number: 23STCV12777    Hearing Date: April 30, 2025    Dept: 55

Community Housing Assistance Program, Inc. v. Associated Industries Ins. Co., et al.

23STCV12777

The Court rejects Plaintiff’s proposed default judgment package for the following reasons:

1.            Plaintiff did not file an updated CIV-100 form for defaulted Defendants Alexandria Group, LLC and Alexandria Housing Partners, LP. The amounts requested (including the costs) on the CIV-100s filed on December 20, 2023, do not match the amounts in the proposed judgment (JUD-100 form) filed on April 2, 2025. Plaintiff needs to file new CIV-100 forms for the defaulted Defendants that match the amounts in the proposed judgment form (which also needs to be re-filed, see below).

2.            The Complaint only pleads $71,707.86 in damages, but the proposed judgment filed on April 2, 2025 seeks $72,307.86 in damages. Therefore, the total judgment should be reduced by $600. Plaintiff needs to file a new JUD-100 form with the correct amount of damages.

3.            Plaintiff's attorney failed to calculate attorney fees under LASC Rule 3.214 or explain why higher fees are warranted. Based on $71,706.86 in damages, attorney fees should be $2,324.1572 ($1,890 plus 2% of the excess over $50,000). The new CIV-100 and JUD-100 forms should reflect this amount.

The Court will continue the OSC re Failure to Prosecute Default Judgment for approximately 90 days to allow Plaintiff to re-file the corrected documents as set forth above.