Judge: Armen Tamzarian, Case: 21STCV43760, Date: 2023-09-07 Tentative Ruling

Case Number: 21STCV43760    Hearing Date: September 7, 2023    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff Ahmet Dayanc requests court judgment by default against defendants B Plus Pictures, LLC and Forgotten Boy Movie, LLC.  Plaintiff’s request meets all requirements but has one defect. 

Plaintiff seeks $10,342.50 in attorney fees.  He has not, however, shown any basis for recovering attorney fees.  A prevailing party can only recover attorney fees when authorized by contract, statute, or law.  (CCP § 1033.5(a)(10).)  Plaintiff’s complaint neither alleges any basis for attorney fees nor prays for recovery of attorney fees.  Neither of the subject contracts provides for attorney fees to a party prevailing in an action on the contract.  The written contract executed in 2017, in which Dayanc invested $25,000 in exchange for 33% of profits from the film The Forgotten Boy, has no such provision.  (Comp., Ex. A; Dayanc Decl., Ex. A.)  Plaintiff does not allege or otherwise show the second contract, “an oral addendum” entered in 2019 (Comp., ¶ 24) included an agreement that a party who prevails in an action to enforce the contract would recover attorney fees. 

The court therefore will reduce the proposed default judgment from $56,691.72 to $46,349.22. 

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