Judge: Daniel M. Crowley, Case: 23STCV29513, Date: 2024-10-22 Tentative Ruling

Case Number: 23STCV29513    Hearing Date: October 22, 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 November 22, 2024, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     No summary of the case.

2.     No exhibits in support of Plaintiff’s declaration to support damages.

3.     Plaintiff’s request for attorneys’ fees is not calculated according to Local Rule of the Court, rule 3.214(a), which provides:

When a promissory note, contract, or statute provides for the recovery of reasonable attorneys’ fees, the following schedule will apply to the amount of the new judgement unless otherwise determined by the court.

$0.01 to $1,000, 15% with a minimum of $75.00;

$1,000.01 to $10,000, $150 plus 6% of the excess over $1,000;

$10,000.01 to $50,000, $690 plus 3% of the excess over $10,000;

$50,000.01 to $100,000, $1,890 plus 2% of the excess over $50,000;

Over $100,000, $2,890 plus 1% of the excess over $100,000.

The Court calculates attorneys’ fees as follows: $690 + ($6,000 x .03) = $870.00