Judge: Daniel M. Crowley, Case: 24STCV03889, Date: 2024-08-30 Tentative Ruling

Case Number: 24STCV03889    Hearing Date: August 30, 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 7, 2024, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1.     Plaintiff requests Clerk’s Judgment, not Court’s Judgment, and Clerk’s Judgment has yet to be entered.  No request for Court’s Judgment has been filed in this matter.

2.     Plaintiff’s complaint joins cause of action for breach of contract with a cause of action to foreclose mechanic’s lien for work done. The clerk can enter default judgment only on the “contract” cause of action. If Plaintiff wants its mechanic’s lien foreclosed, Plaintiff will have to obtain a court judgment. (Norman v. Berney (1965) 235 Cal.App.2d 424, 431-432.)

3.     Plaintiff’s complaint joins a cause of action for “reasonable value” of services rendered with a cause of action for “account stated” based on billings for same services. Since the clerk could not enter a default judgment on the “reasonable value” count (no fixed or determinable amount), and the “account stated” claim is merely an alternative theory for recovery, the clerk has no authority to enter default judgment on either count.  A court judgment is required.  (Brown v. Superior Court (1966) 242 Cal.App.2d 519, 525.)

4.     No competent declarations with exhibits supported by foundation.

5.     Interest calculation specific to this defaulted Defendant needs to be provided to the Court.