Judge: Bruce G. Iwasaki, Case: 22STCV34208, Date: 2023-09-27 Tentative Ruling
Case Number: 22STCV34208 Hearing Date: September 27, 2023 Dept: 58
Judge Bruce G. Iwasaki
Hearing
Date: September 27, 2023
Case
Name: Blocklayer, LLC v.
Ivy Koin, LLC
Case
No.: 22STCV34208
Matter: Default Judgment
prove-up
Moving
Party: Plaintiff Blocklayer,
LLC
Responding
Party: Unopposed
Tentative Ruling: The request for default judgment is granted.
Plaintiff
Blocklayer sued Defendants Ivy Koin, LLC, Badza, LLC and
Mark Bryant (Defendants) asserting a single cause of action to enforce a
settlement agreement. Plaintiff alleges Defendants Ivy Koin, LLC and Badza, LLC
entered into a settlement agreement with Plaintiff on February 28, 2020, but
failed to pay $275,836.31 by April 30, 2020, as required under terms of the settlement
agreement. The Complaint alleges Ivy Koin, LLC and Badza, LLC are the alter
egos of Defendant Mark Bryant.
The
Complaint was filed on October 24, 2022. Default was entered as to Defendants
Ivy Koin, LLC and Badza, LLC on January 25, 2023. Default was entered as to Defendant
Mark Bryant on August 21, 2023.
Plaintiff
now moves for default judgment against Defendants. There are no Doe defendants
to dismiss. The request for entry of default judgment is granted.
Discussion
Plaintiff
seeks default judgment in the amount of $367,276.01, which includes $91,439.70
in interest.
Plaintiff
submits sufficient evidence to support the damages incurred by Defendants’ breach
of the settlement agreement. (Hinkel Decl., ¶¶ 3-5.) Further, Plaintiff properly
calculates pre-judgment interest in the amount of $91,439.70, accruing at 10% from
the date of breach on April 30, 2020 until August 23, 2023, the date of the Request
for Entry of Default Judgment against Defendants. (Hinkel Decl., ¶ 9.)
Plaintiff
is not seeking attorney fees or costs.
Plaintiff’s request for entry of
default judgment in the amount of $367,276.01 is granted.