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

Department 58


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.