Judge: Armen Tamzarian, Case: 22STCV24239, Date: 2024-03-22 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: 22STCV24239    Hearing Date: March 22, 2024    Dept: 52

Order to Show Cause Re: Entry of Default Judgment

Plaintiff American Decking & Waterproofing Co requests court judgment by default against defendants Andrew Zuker dba Cazco Construction and Cazco Construction LLC.  Plaintiff’s application meets all requirements for default judgment. 

The application, however, seeks excessive attorney fees.  Plaintiff requests attorney fees for this “action on a contract based on a book account” under Civil Code section 1717.5.  Subdivision (a) of that section provides, “Reasonable attorney’s fees awarded pursuant to this section for the prevailing party bringing the action on the book account shall be fixed by the court in an amount that shall not exceed the lesser of: (1) nine hundred sixty dollars ($960) for book accounts based upon an obligation owing by a natural person for goods, moneys, or services which were primarily for personal, family, or household purposes; and one thousand two hundred dollars ($1,200) for all other book accounts to which this section applies; or (2) 25 percent of the principal obligation owing under the contract.”  Plaintiff’s counsel, however, requests $1,589.40 in attorney fees.  (Bemis Decl., ¶ 4.)  Plaintiff may only recover $1,200 pursuant to Civil Code section 1717.5.  The court will therefore reduce the judgment’s amount of attorney fees to $1,200.

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