Judge: Alison Mackenzie, Case: 24STCV22107, Date: 2025-04-14 Tentative Ruling

Case Number: 24STCV22107    Hearing Date: April 14, 2025    Dept: 55

24STCV22107

Rodriguez v. LD Products, Inc.

OSC re Failure to Prosecute Default Judgment

Plaintiff’s proposed default judgment is rejected. The default judgment asks for an impermissible amount of damages because the Complaint pleads only $5,000 in damages (the penalty for a single violation), but Plaintiff now seeks $60,000. In addition, Plaintiff submits in her attorney's declaration that 12 violations occurred.  Additionally, Plaintiff's attorney failed to calculate attorney fees under LASC Rule 3.214. Based on $5,000 in damages, attorney fees should be $390 ($150 plus $240 [6% of the excess over $1,000]). Plaintiff may re-submit an amended default judgment package that fixes these issues or file and serve an amended Complaint alleging different damages.