Judge: Bruce G. Iwasaki, Case: 23STCV28602, Date: 2024-06-07 Tentative Ruling
Case Number: 23STCV28602 Hearing Date: June 7, 2024 Dept: 58
Judge Bruce Iwasaki
Hearing Date: June
7, 2024
Case Name: Campbell
v. Pridgen
Case No.: 23STCV28602
Matter: Default
Judgment prove-up
Moving Party: Plaintiff
Matthew Scott Campbell
Responding Party: Unopposed
Tentative
Ruling: The request for default judgment is granted.
This is a breach
of contract action. The Complaint alleges that Plaintiff Matthew Scott Campbell
(Plaintiff) entered into an agreement with Defendant Pridgen to provide musical
and production support for Plaintiff’s musical project (Project). Under the
agreement, Defendant Pridgen was to act as the Executive Music Producer for this
Project, and in that role he would “Coordinate musicians, Arrange music with
musicians, Hire musicians, Schedule session[s], rehearsal” at Defendant EMG
Studios’ Los Angeles Studio during the period of two weeks for six hour blocks
each of the fourteen days of that two week period, with EMG Studios to also
supply the engineer for each of those sessions; additionally, Defendant EMG
Studios would handle the “Mixing and Mastering.” In exchange for the
performance of these services, Plaintiff paid Defendants $42,800.
Plaintiff filed his Complaint on November
22, 2023. The Request for Entry of Default against Defendant EMG Studios, LLC and
Defendant Pridgen was entered on April 23, 2024. Plaintiff dismissed DOES 1-25,
XYZ Corporations, and LLCS 1-25.
The request for entry of default
judgment is granted.
DISCUSSION
Plaintiff
requests entry of default judgment in the amount of $42,800. Plaintiff does not
seek prejudgment interest, costs, or attorney fees.
In support
of the request for damages, Plaintiff submits evidence that he paid Defendant
Pridgen via Zelle $42,800 in performance of his obligations under the
agreement. (Campbell Decl., ¶ 12, Ex. 1.) He states that despite performing his
obligations under the agreement, Defendant Pridgen and EMG Studios did nothing
in return. (Campbell Decl., ¶¶ 1, 16.)
The
evidence submitted to prove-up the amount of damages requested in the Complaint
are sufficient. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th
267, 288 [“ ‘[p]laintiffs in a default judgment proceeding must prove they are
entitled to the damages claimed’ ”].) The request for default judgment is
granted.