Judge: Armen Tamzarian, Case: 23STCV19072, Date: 2024-10-25 Tentative Ruling

Case Number: 23STCV19072    Hearing Date: October 25, 2024    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff PlumbingAndFire, Inc. dba Allied Plumbing & Fire Supply requests court judgment by default against defendants Nehorai Construction Inc. and Ilan Kenig.  Plaintiff’s application has two defects.

First, plaintiff requests excessive interest at the annual rate of 18%.  The California Constitution, Article XV, Section 1 limits interest to 10% unless an exemption applies.  Los Angeles Superior Court Local Rule, rule 3.206 provides, “If interest is requested in excess of the usury limitations of California Constitution Article XV, Section 1, proof must be presented of plaintiff’s exemption from the usury limitations unless an exemption has been pleaded in the complaint and admitted by the entry of default.”  The complaint does not plead an exemption from the usury limitations.  Plaintiff did not submit proof of exemption.  Plaintiff must either present proof of exemption or request interest no greater than 10%.

Second, plaintiff seeks excessive attorney fees of $38,794.85.  Attorney fees for a default judgment are generally limited to a specified schedule based on the amount of damages.  (Local Rules 3.207(a), 3.214(a).)  A plaintiff may recover “a fee greater than listed in the [default] schedule because of extraordinary services.”  (3.214(d).)  Plaintiff fails to show extraordinary services justifying a fee greater than the schedule.  The court notes plaintiff did, as an alternative to its lodestar, calculate the amount of attorney fees pursuant to Local Rule 3.214 at $2,025.95.  (Oh Decl., ¶ 20.)

Plaintiff also submitted a proposed judgment on pleading paper.  Though doing so is permitted, the court will exercise its discretion to require plaintiff to submit a proposed judgment on Judicial Council form JUD-100.

Plaintiff’s request for court judgment by default is denied without prejudice.  The court hereby continues the order to show cause re: entry of default judgment to December 13, 2024, at 8:30 a.m.