Judge: Bradley S. Phillips, Case: 23STCV10057, Date: 2024-03-15 Tentative Ruling

The posting of this Tentative Ruling is not to be considered an invitation for, nor permission to, file any further documents in this matter, absent an Order permitting same following and ex-parte application therefore. Any non-conforming filing(s) will not be considered.

Case Number: 23STCV10057    Hearing Date: March 15, 2024    Dept: 59

 

 

 

Superior Court of California

County of Los Angeles

Department 50

 

3 LEGGED MACHINE, INC. d/b/a BLACKBERRY SMOKE,

                        Plaintiff,

            vs.

THUNDER ON THE IRON RANGE, LLC, et al.,

                        Defendants.

Case No.:

23STCV10057

Hearing Date:

March 15, 2024

Hearing Time:

10:00 a.m. 

[TENTATIVE] ORDER RE:

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

 

           

Plaintiff 3 Legged Machine, Inc. d/b/a Blackberry Smoke (“Plaintiff”) appears to request entry of default judgment against Defendant Thunder on the Iron Range, LLC in the total amount of $47,265.54, comprising $32,200.00 in damages, $3,184.71 in interest, $968.33 in costs, and $10,912.50 in attorney’s fees.

The Court notes a few defects with the submitted default judgment package. 

First, Item 2(c) of the Request (Form CIV-100) states that Plaintiff seeks interest in the amount of $3,184.71. However, Item 6(a)(2) of the Proposed Judgment (Form JUD-100) indicates that Plaintiff seeks interest in the amount of 4,860.88. Thus, the total amounts listed in Item 2(f) of the Request and Item 6(a)(6) of the Proposed Judgment do not match. In his supporting declaration, Mr. Wilson, III, states that Plaintiff is entitled to interest in the amount of $3,184.71. (Wilson, III Decl., ¶ 13.) Mr. Wilson, III also states that he “arrive[d] at an amount of $4,860.88 for the pre-judgment interest.” (Wilson, III Decl., ¶ 19.) Thus, it is unclear which amount of interest Plaintiff seeks.

Second, Mr. Wilson, III states that “the loss of $32,200.00 was incurred on July 29, 2022 while this declaration was prepared on January 30, 2024; between these dates, there have passed 551 days.” (Wilson, III Decl., ¶ 19.) However, it appears that there are 550 days between the dates of July 29, 2022 and January 30, 2024.

Based on the foregoing, the Court denies Plaintiff’s request for default judgment without prejudice. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package.

 

 

DATED:  March 15, 2024                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court