Department 58

Hearing Date: November 15, 2023

Case Name: IMS Fund, LLC v. Doarian Okell Bennett

Case No.: 22STCV21759

Matter: Default Judgment prove-up

Moving Party: Plaintiff IMS Fund, LLC

Responding Party: Unopposed

Tentative Ruling: The request for default judgment is denied.

This action arises from a breach of an Agreement for the Purchase and Sale of Future Receipts. Plaintiff IMS Fund, LLC (Plaintiff) sued Defendant Doarian Okeel Anthony Bennett (Defendant) asserting a cause of action for breach of contract and common counts. Plaintiff alleges it advanced the sum of $45,000.00 to Defendant and in exchange Defendant agreed to pay Plaintiff the sum of $67,050.00 from future receivables earned by delivering to Plaintiff weekly thirty two percent (32%) of the proceeds of each future sale made by Defendant. According to the First Amended Complaint, Defendant breached this Agreement.

The Complaint was filed on January 5, 2023. An Amended Complaint was filed on March 3, 2023. Default was entered against September 20, 2023.

Plaintiff now moves for default judgment against Defendant. Does 1-20 have been dismissed. The request for entry of default judgment is granted.

Discussion

Plaintiff seeks default judgment in the amount of $44,844.04, which includes $4,941.52 in interest, $1,049.43 in costs, and $1,510.29 in attorney fees.

There is no evidence in support of the default judgment. Plaintiff purports to submit the declaration of Daniel Eaker, Manager of Plaintiff, to substantiate its default judgment request; however, the declaration is signed, inexplicably, by Oleg Rud.

Moreover, while this declaration addresses the request for damages, interest and attorney fees, it does not address or substantiate the request for costs.

The request for default judgment is denied. The Court will set a hearing date and deadline for submission of necessary evidence.