Judge: Daniel M. Crowley, Case: 24STCV27397, Date: 2025-03-04 Tentative Ruling
Case Number: 24STCV27397 Hearing Date: March 4, 2025 Dept: 71
County
of Los Angeles
DEPARTMENT 71
TENTATIVE
RULING
|
POMONA 196 LLC,
vs. OGC SYSTEMS,INC., et al. |
Case
No.: 24STCV27805 Hearing Date: March 4, 2025 |
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 May 21, 2025, at 8:30 AM in Department 71 at
Stanley Mosk Courthouse for the following reasons:
1.
The request for court judgment does not properly seek an amount that is
equal to or less than the amount sought in the complaint or C.C.P. §425.11
statement of damages. (See, e.g.,
Falahati v. Kondo (2005) 127
Cal.App.4th 823, 830-831 [stating court acts in excess of its jurisdiction and
the resulting default judgment is void if the court awards default judgment in
an amount greater than that demanded in the complaint, including if the
complaint does not specify the amount demanded].)
2.
Interest rate of 15% exceeds the interest permissible under Cal. Const.
art. 15, §1.
3.
Attorneys’ fees are not properly calculated per Local Rule 3.2 schedule.