Judge: Armen Tamzarian, Case: 23STCV01202, Date: 2025-05-06 Tentative Ruling
Case Number: 23STCV01202 Hearing Date: May 6, 2025 Dept: 52
Order to Show Cause Re: Default Judgment
Plaintiffs Paul Claydon, Luciana Muchaty, Christian
Rodriguez, Gloria Martin, Christopher Owhadi, and Ocean Point Development, Inc.
request default judgment against defendants Elegant Windows and Doors, Inc. and
Armond Shahnazarian. Plaintiffs’ requests
have two defects.
First, plaintiffs did not request dismissal of defendants Does 1-25 as
required. (Cal. Rules of Court, rule
3.1800(a)(7).)
Second, plaintiffs requested excessive attorney fees. Their brief indicates they used the fee
schedule under Local Rules 3.207 and 3.214(a).
(Brief, p. 8.) The amounts they
seek do not match the fee schedule.
Claydon
and Muchaty seek $3,551.23 in attorney fees.
The amount of the judgment in their favor would be $57,507.02 ($48,500
in damages + $8,530.82 in interest + $476.20 in costs). The applicable fee schedule is: $1,890 +
($57,507.02 - $50,000) x 2% = $2,040.14.
Rodriguez
and Martin seek $3,742.05 in attorney fees.
The amount of the judgment in their favor would be $62,277.57 ($52,000
in damages + $9,801.37 in interest + $476.20 in costs). The applicable fee schedule is: $1,890 +
($62,277.57 - $50,000) x 2% = $2,135.55.
Owhadi
and Ocean Point Development Inc. seek $5,846.81 in attorney fees. The amount of the judgment in their favor
would be $158,157.88 ($139,531 in damages + $18,150.68 in interest + $476.20 in
costs). The applicable fee schedule is:
$2,890 + ($157,157.88 - $100,000) x 1% = $3,471.58.
Disposition
Plaintiffs’ requests for default
judgment are denied without prejudice.
The
court hereby continues the order to show cause re: default judgment to June 17,
2025, at 8:30 a.m. No later than June 9,
2025, plaintiffs shall file a revised default judgment application including a
request for dismissal of Does 1-25 and revised forms CIV-100 and JUD-100 to
reflect the correct amounts of attorney fees under Local Rule 3.214.