Judge: Bruce G. Iwasaki, Case: 22STCV39332, Date: 2025-02-21 Tentative Ruling

Case Number: 22STCV39332    Hearing Date: February 21, 2025    Dept: 58

Case Name:   USC Credit Union v. Jackson

Case Number: 22STCV39332

 Tentative ruling: DENY request for entry of default judgment.

 The amount of damages sought in the First Amended Complaint appears to include “$2,333.00” for “the amount of attorneys’ fees incurred to date, “$435” for “the Complaint's filing fee and $125.00” for “the process server's fee for personal service.” (FAC ¶ 30.) These amounts are not damages; it is also unclear whether these amounts are duplicative in so far as they are also sought in the costs and attorney fees set forth in Paragraph 2 of CIV-100.

 Plaintiff also seeks $12,663.86 in prejudgment interest but fails to provide an interest calculation. (CRC 3.1800(a)(3).) Further, the Credit Card Agreement, First Loan Contract, and Second Loan Contract appear to have different breach dates and different interest rates. (Civ. Code, § 3289.)

 Additionally, Plaintiff seeks $17,863.44 in attorney fees. (Hewitt Decl., ¶ 5.) This amount exceeds the amount set forth in LASC 3.214 and is excessive.

 Lastly, Does 1-100 have not been dismissed.