Judge: Armen Tamzarian, Case: 21STCV37507, Date: 2023-09-05 Tentative Ruling

Case Number: 21STCV37507    Hearing Date: September 5, 2023    Dept: 52

Plaintiff Kurlie McGirt’s Request for Default Judgment

Plaintiff Kurlie McGirt requests court judgment by default against defendants Global Executive Security, Inc., Ronald L. Brown, and Vanessa Brown in the amount of $99,939.21.  Plaintiff’s request for default judgment meets all requirements but has one problem.  Plaintiff’s request for judgment includes $20,000 in punitive damages.  “[E]vidence of the defendant’s financial condition is a prerequisite to a punitive damages award.”  (Adams v. Murakami (1991) 54 Cal.3d 105, 119.)  The plaintiff bears the burden of introducing such evidence.  (Ibid.)  Plaintiff has not introduced any evidence of defendants’ financial condition.  She therefore cannot recover punitive damages.

Plaintiff’s request for $2,832.14 in attorney fees is also too high because it is calculated based on the amount of the judgment.  Plaintiff applied the fee schedule in Local Rule 3.214 correctly but did so based on a judgment including $20,000 in punitive damages.  After removing the punitive damages, the fee schedule under Local Rule 3.214 provides for attorney fees of $2,432.14.

After removing the $20,000 in punitive damages and reducing the attorney fees accordingly, plaintiff is entitled to default judgment totaling $79,539.21.

Plaintiff’s request for default judgment is granted in part.  The court will modify and sign the proposed judgment plaintiff submitted on form JUD-100.