Judge: Armen Tamzarian, Case: 22STCV13240, Date: 2022-10-27 Tentative Ruling

Case Number: 22STCV13240    Hearing Date: October 27, 2022    Dept: 52

No. 7 Nussbaum APC v. Volantis Global, Inc. 22STCV13240 10/27/22

1. CMC 2. OSC re: default judgment 3. OSC re: sanctions for failure to appear

Notice: n/a

Tentative: 2. Vacate default; 3. $250 in sanctions against plaintiff

4/20/22: Plaintiff Nussbaum APC filed a complaint against defendants Volantis Global Inc., Michael Verdi, and Does 1-10 for:

(1) Breach of Contract

(2) Account Stated

(3) Services Rendered

(4) Quantum Meruit

Plaintiff is a law firm. It represented defendants from September 7, 2018, through August 2020. Defendants defaulted in February 2020. They agreed to pay legal fees under a retainer agreement with a payment plan. They owe $71,771.84 as of April 6, 2022, plus 10% interest since then.

Summary: Plaintiff has not yet filed a request for court judgment. Michael Verdi’s default was entered on June 21, 2022. There is no proof of service on Volantis Global.

Nothing new filed since last hearing on September 27, 2022.

Tentative Ruling

Order to Show Cause Re: Default Judgment; Order to Show Cause Re: Sanctions for Failure to Appear

Default

Plaintiff Nussbaum APC requested entry of the default of defendant Michael Verdi, an individual, on June 21, 2022. The clerk entered Verdi’s default.

The proof of service of summons on Verdi, however, is insufficient. It states, “Party served (specify name of party as shown on documents served): Agent for Service – Michael Verdi, an individual.” (Proof of Service, ¶ 3.a.) The summons therefore did not provide adequate notice to defendant Michael Verdi that he was served as an individual rather than on behalf of an entity defendant as its agent for service.

The court will therefore vacate the default of defendant Michael Verdi, an individual.

Order to Show Cause Re: Sanctions for Failure to Appear

On September 27, 2022, the court held a case management conference and order to show cause re: default judgment. Plaintiff did not appear. The court set this order to show cause re: sanctions in the amount of $250 against plaintiff and plaintiff’s counsel for failing to appear at the prior hearing.

Plaintiff has not filed any response to the order to show cause or any other papers since September 27. The court will therefore impose $250 in sanctions against plaintiff and plaintiff’s counsel.

Disposition

The court hereby vacates the default of defendant Michael Verdi, an individual.

The court hereby imposes $250 in sanctions on plaintiff Nussbaum APC and plaintiff’s counsel Lane Michael Nussbaum, jointly and severally. Plaintiff and plaintiff’s counsel are ordered to pay $250 in sanctions to the court within 20 days.