Judge: Daniel M. Crowley, Case: 23STCV28427, Date: 2024-05-17 Tentative Ruling

Case Number: 23STCV28427    Hearing Date: May 17, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

The Court denies Plaintiff’s default judgment packet. 

The Court sets a hearing on an order to show cause why the complaint should not be dismissed and/or Plaintiff’s counsel sanctioned $250 for failing to enter default judgment (California Rule of Court, rule 3.110(h)) on July 2, 2024, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.    Declarations do not properly lay the foundation for the exhibits to support damages.

2.    Plaintiff does not demonstrate evidence in support of claim for damages for fraud in the amount of $50,000.00.

3.    No summary of the case.

4.    Plaintiff has not shown liability as to each defendant and the recovery is not duplicative.

5.    Plaintiff’s interest calculation is at 10% but Plaintiff does not provide a contract to support the request for breach of contract.  If Plaintiff seeks to recover damages based on its open book account cause of action, the interest calculation must be at a rate of 7%.  (See Civ. Code §§3287 et seq.; Cal. Const. art. 15, §1.)