Department 58

Hearing Date: May 5, 2023

Case Name: Tanc & Vogel Construction, LLC dba Tanco General Contractors v. Golden Phoenix Holdings, LLC, et al.

Case No.: 22STCV01201

Matter: OSC re Default Judgment

Moving Party: Plaintiff Tanc & Vogel Construction, LLC dba Tanco General Contractors

Responding Party: Unopposed

Tentative Ruling: The request for entry of default judgment is denied without prejudice.

Background and procedural history

Plaintiff Tanc & Vogel Construction, LLC dba Tanco General Contractors sued Defendants Golden Phoenix Holdings, LLC, Dji Jila, Illuian Jila, and DJI LLC in connection with a construction project at real property located at 8271 Melrose Avenue, Unit 100, Los Angeles, CA 90046. The Complaint alleges breach of contract, common counts, foreclosure on mechanic’s lien, and quantum meruit.

On February 23, 2022, Plaintiff filed a notice of settlement of the entire case. On October 28, 2022, Plaintiff dismissed Defendants Dji Jila, Illuian Jila, and DJI LLC from the action, leaving Defendant Golden Phoenix Holdings, LLC (“Golden Phoenix”) as the sole remaining named defendant.

On February 15, 2023, Plaintiff obtained an entry of default against Golden Phoenix. On April 3, 2023, Plaintiff now seeks entry of default judgment against Golden Phoenix.

Discussion

“Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.” (Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302, citing Code Civ. Proc., § 585 & Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.) If evidence is presented by declaration, the facts must be shown to be “within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.” (Code Civ. Proc., § 585, subd. (d).)

Plaintiff’s default judgment packet contains multiple defects necessitating denial of the request for entry of default judgment at this time. First, Plaintiff has not filed a recorded copy of the mechanics lien with the Court. The copy attached to the Complaint is not a recorded copy. (Compl., Ex. C.) Civil Code section 8461 provides that a lis pendens must be recorded in the county where the property is located within 20 days of filing the lawsuit. (Civ. Code § 8461.) For Plaintiff to prevail on its mechanics lien claim, it needs to provide evidence that it recorded a lis pendens for that claim.

Second, Plaintiff has not dismissed any of the doe defendants. (CRC Rule 3.1800(a)(7).) Third, Plaintiff has not completed the declaration of nonmilitary status on Form CIV-100. While Golden Phoenix is a business entity incapable of military service, the declaration still needs to be completed. Fourth, Plaintiff’s attorney’s fees request does not comply with LASC Rule 3.214, which provides for attorney’s fees calculations in default breach of contract cases. (Vogel Decl., ¶ 5; LASC Rule 3.214.) Fifth, Plaintiff’s interest calculation is still a bit unclear as to how it was calculated, as it does not provide the principal amount upon which the calculation was based. Plaintiff also incorrectly claims that the Complaint was filed on January 1, 2022 when it was filed on January 11, 2022. (Vogel Decl., ¶ 6.)

The Court therefore DENIES Plaintiff’s request for entry of default judgment without prejudice.