Judge: Bruce G. Iwasaki, Case: 23STCV18118, Date: 2024-02-28 Tentative Ruling

Case Number: 23STCV18118    Hearing Date: February 28, 2024    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             February 28, 2024

Case Name:                Hernandez v. Celebrity Shutters and Blinds, Inc.

Case No.:                    23STCV18118

Matter:                        Default Judgment prove-up

Moving Party:             Plaintiff Hanz Hernandez

Responding Party:      Unopposed

Tentative Ruling:      The request for default judgment is granted in the reduced amount of $52,840.20.

            This is an action arising from wage and hour employment claims. The Complaint alleges numerous Labor Code violations.

            On January 17, 2024, the Court entered default against Defendant Celebrity Shutters and Blinds, Inc. and Gabriel Torres. Does 1-20 have been dismissed.

            Plaintiff now moves for default judgment against Defendant Celebrity Shutters and Blinds, Inc. and Gabriel Torres. The request for entry of default judgment is granted in a reduced amount.

Discussion

            Plaintiff seeks default judgment in the amount of $59,272.24 against Defendants Celebrity Shutters and Blinds, Inc. and Gabriel Torres, which includes $2,817.48 in interest, $530 in costs, and $7,431 in attorney fees.

            Plaintiff submits adequate evidence to support his request for damages. (Hernandez Decl., ¶¶ 2-13.) Further, the request for costs is substantiated. (CIV-100, ¶ 7.)

            In seeking attorney fees, Plaintiff request fees pursuant to Labor Code Sections 218.5, 226, and 1194.[1] Plaintiff seek fees in the amount of $7,431 based on the lodestar method for time reasonably incurred. (Casado Decl., ¶ 9, Ex. 5.) Attorney fees are granted in the reduced amount of $1,844.81; the Court finds no reason to deviate from the reasonable fee calculation for default cases set forth in LASC 3.214.

            Finally, the request for prejudgment interest seeks interest at 10% starting on July 31, 2023 until February 28, 2024. However, Plaintiff provides no explanation for applying the 10% interest rate for contract claims under Civil Code section 3289, as opposed to the constitutional prejudgment interest rate of 7% set forth in Civil Code section 3287. Thus, prejudgment interest will be reduced to $1,971.63.

Adjusted Default Judgment Calculations

Accordingly, the request for entry of default judgment is granted in the reduced amount of $52,840.20.