Department 58

Hearing Date: August 11, 2022

Case Name: Wells Fargo Bank, N.A. v. Derenik Harutyunyan

Case No.: 22STCV07061

Matter: Default Judgment Application

Moving Party: Plaintiff Wells Fargo Bank

Responding Party: Unopposed

TENTATIVE RULING

The Default Judgment is granted for a total amount of $32,353.01, representing $31,013.16 in damages, $539.85.00 in costs, and $800.00 in attorney’s fees.

STATEMENT OF CASE

This is a complaint alleging a breach of contract and common count for open book account against Defendant Derenik Harutyunyan. Plaintiff Wells Fargo Bank N.A. alleges that Defendant owes $31,013.16 in consumer credit card debt.

The clerk entered default against Defendant on August 8, 2022. There were no “Doe” defendants named in the Complaint. Plaintiff now seeks a default judgment against Defendant.

SUMMARY OF DEFAULT JUDGMENT REQUEST

Compensatory Damages: $31,013.16

Prejudgment Interest (10% per year): N/A

Costs: $539.85

Attorney’s Fees: $800.00

Total: $32,353.01

SUBMITTED DOCUMENTS (Cal. Rules of Court, rule 3.1800)

Use of JC Form CIV-100 YES

Dismissal or judgment of non-parties to the judgment N/A

Declaration of non-military status for each defendant YES

Summary of the case YES

585(d) declarations/admissible evidence in support YES

Exhibits (as necessary) YES

Interest computation (as necessary) N/A

Cost memorandum YES

Request for attorney fees (Local Rule 3.214) YES

Proposed judgment (JUD-100) YES

DISCUSSION

Damages

Plaintiff seeks $31,013.16 for the unpaid amounts on a credit card, which was opened on June 2, 2020. Defendant made a prior payment to bring the account current up until May 18, 2021; however, no payments were made following that date.

Plaintiff provides the declaration of Joseph E. Reed, a Loan Workout Specialist, whose job duties include having personal knowledge and familiarity with Wells Fargo’s business records. He attests to the validity of Exhibit A, the “Consumer Credit Card Customer Agreement & Disclosure Statement.” (Reed Decl., ¶¶ 2-4.)

Specifically, Reed also attaches copies of the Defendant’s account statements. (Id. at ¶¶ 6, 7.) The billing statement for period April 17, 2021 through May 18, 2021 indicates that Defendant previously submitted a $44,868.48 payment. (Reed Decl., Ex. B.) A subsequent statement for billing period October 19, 2021 through November 17, 2021 indicates an outstanding balance of $31,013.16. (Id., Ex. C.)

The Complaint properly pleads $31,013.16 and therefore, the amount is granted.

Attorney’s Fees

The Complaint pleads for attorney’s fees. Under Paragraph 21 of the “Consumer Credit Card Customer Agreement & Disclosure Statement,” the agreement states “If you account is in default you agree to pay our collection costs, attorney’s fees, and court costs incurred in enforcing our rights under this agreement.” (Reed Decl., Ex. A.)

Plaintiff seeks $800.00 in attorney’s fees. (Sidoruk Decl.) Under Los Angeles County Local Rule 3.214, subdivision (a), the calculation for the fee is $690 plus 3% of the judgment in excess of $10,000. In this case, it would be 3% of $21,013.16, which is $630.39 + $690 = $1,320.39. The Court awards the lower amount of $800.00.

Costs

Plaintiff requests $539.85 in costs, representing $435.00 in filing fees, $75.00 for process server’s fees, and $29.85 in e-filing fees. These fees are authorized under Code of Civil Procedure sections 1033.5, subdivisions (a)(1), (a)(4), and (a)(14). Accordingly, the Court grants these amounts.