Judge: Armen Tamzarian, Case: 21STCV38709, Date: 2023-03-23 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 21STCV38709    Hearing Date: March 23, 2023    Dept: 52

Order to Show Cause Re: Entry of Default Judgment; Order to Show Cause Re: Sanctions

            Plaintiff Harrah Logistics Group, Inc. requests court judgment by default against defendants Alcon 3PL, Inc., Alcon Transport, Inc., and Pablo Mendoza. 

Plaintiff calculated its attorney fees incorrectly.  Local Rule 3.214(a) provides that, for a default judgment between $50,000 and $100,000, attorney fees are set at “$1,890 plus 2% of the excess over $50,000.”  Plaintiff calculated its fees as follows: “Based on the damages in this action, the total amount of attorneys’ fees authorized by Rule 3.214 is $2,960.14 ($1,890 + ($74,003.60 x .02 = $1,480.07).”  (Song Decl., ¶ 4.)  Plaintiff did not subtract $50,000 from the damages as required to determine 2% of the excess over $50,000.  The correct amount is: $1,890 + .02 x ($74,003.60 - $50,000) =  $2,370.07. 

Plaintiff also did not submit a proposed form of judgment as required.  (Cal. Rules of Court, rule 3.1800(a)(6).)  The court will enter judgment on Judicial Council form JUD-100. 

Plaintiff’s request for default judgment is granted.  The court will enter judgment for plaintiff.