Judge: Christian R. Gullon, Case: 23PSCV02095, Date: 2024-11-12 Tentative Ruling

Case Number: 23PSCV02095    Hearing Date: November 12, 2024    Dept: O

Tentative Ruling

Plaintiff’s Application for Default Judgment is DENIED without prejudice; (1) Plaintiff’s Counsel is not entitled to attorney fees and (2) insufficient evidence of a $5,000 payment.

Background

This is a fraud case. Plaintiff Young Woo Kyea alleges the following against Defendant Jun Mo Koo: In 2022 and 2023, Plaintiff sent a total of $70,026.46 to Defendant under Defendant’s instruction that they would start a trucking business together. Defendant never intended to start a business with Plaintiff. (See Complaint p. 1.)

On December 12, 2023, default was entered against Defendant.

On September 10, 2024, the instant application for default judgment was filed.

Discussion

Plaintiff seeks entry of default judgment against Defendant in the total amount of $84,300.21, calculated as follows: $70,026.46; $8,174.94; $5,000.00; and $1,098.81. There are two defects with the application.

1.     Evidence

With respect to evidence, Plaintiff has submitted copies of bank statement showing the wire transfers including the dates, amounts and sender/recipient information. However, the complaint is somewhat unclear as to a $5,000 payment.

According to the complaint, Plaintiff sent a total of $70,026.46 to Defendant (to Global Holding Group LLC and CubeWork), but the bank statements are for the following amounts: $10,766.46, $30,000.00, $9,620.00, $4,640.00, and $10,000.00. As for the remaining $5,000, the complaint in paragraphs 10 and 11 alleges as follows: “Defendant have tricked Plaintiff into buying a used truck through an acquittance [sic] of Defendant. Defendant directed Plaintiff to sell Plaintiff’s car to the owner of the truck that was just purchased and give owner of the truck $5,000.” (emphasis added.) Accordingly, it appears Plaintiff was directed to buy a used truck (presumably for $5,000) and, simultaneously, sold his own vehicle. The court seeks clarification as to this allegation. That aside, there is no evidence of the $5,000. Assuming it was $5,000 cash, Plaintiff’s declaration does not squarely attest to such a payment.

Therefore, the court denies the application without prejudice as to this $5,000.00.

2.     Attorney Fees

With respect to attorney fees, Plaintiff’s Counsel acknowledges no statute or contract allows for its recovery, but requests attorney fees in the “interest of fairness and justice.”

The court cannot absent a statute, contract, or other rule award a party attorney fees.

Therefore, any subsequent application should omit a request for attorney fees.

Conclusion

Based on the foregoing defects, the application is denied without prejudice.