Judge: Daniel M. Crowley, Case: 22STCV15082, Date: 2023-05-18 Tentative Ruling

Case Number: 22STCV15082    Hearing Date: May 18, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Status Conference regarding Default Judgment Packet is denied for the following reasons:

1.     Cross-Complainant’s Cross-Complaint requests damages “in excess of $1 million,” but the damages stated on the CIV-100 states the demand is $1,176,366.84, which is in excess of $1 million in damages alleged in cross-complaint.  (Becker v. S.P.V. Construction Co., Inc. (1980) 27 Cal.3d 489, 494-495 [“A prayer for ‘damages in excess of $20,000’ will not support a default judgment for more than that amount.”].)

2.     Plaintiff seeks attorneys’ fees in the amount of $47,362.02.  (Decl. of Teitelbaum ¶¶8-9, Exh. 1.)

The Court calculates attorneys’ fees per Local Rule 3.214(a) as the following (given the damages requested in Plaintiff’s CIV-100):

2,890 + (1,076,366.84 x .01) = 2,890 + 10,763.67 = $13,653.67

The Court sets a hearing on an order to show cause why the complaint should be dismissed and/or Plaintiff’s counsel sanctioned for failure to enter default judgment in this matter on June 20, 2023, at 8:30 AM in Department 71 at Stanley Mosk Courthouse