Judge: Armen Tamzarian, Case: 21STCV45076, Date: 2022-10-26 Tentative Ruling

Case Number: 21STCV45076    Hearing Date: October 26, 2022    Dept: 52

Tentative Ruling

Order to Show Cause Re: Default Judgment

Plaintiff Weber & Associates, Inc. requests court judgment by default against defendant Erik Zepeda Castaneda.

Plaintiff submitted sufficient evidence proving its damages of $50,390.82. (Kwan Decl., ¶¶ 2-5, Ex. 1.)

Plaintiff’s request, however, also includes $1,890 in attorney fees as costs. A plaintiff may only recover attorney fees when authorized by contract, statute, or other law. (CCP § 1033.5(a)(10).) Plaintiff did not plead or prove any basis for recovering attorney fees. The complaint prays for reasonable attorney fees but alleges no cause of action that permits recovering attorney fees. The complaint alleges only common counts for (1) open book account, (2) account stated, and (3) services rendered. The complaint does not allege a cause of action for breach of contract and does not allege that any contract would provide for attorney fees to the prevailing party in this action.

Plaintiff’s application for default judgment shows it is entitled to $50,390.82 in damages and $660 in costs for a total of $51,050.82.

Plaintiff’s request for court judgment by default is granted in part in the amount of $51,050.82. The court will modify and sign the proposed judgment on form JUD-100