Judge Edward B. Moreton, Jr., Case Number: 23SMCV03007, Date: 2024-04-11 Tentative Ruling

Judge: Edward B. Moreton, Jr., Case: 23SMCV03007, Date: 2024-04-11 Tentative Ruling

Case Number: 23SMCV03007 Hearing Date: April 11, 2024 Dept: 205

HEARING DATE: April 11, 2024 JUDGE/DEPT: Moreton/Beverly Hills, 205

CASE NAME: Jamra, Jamra & Hanasab, LLP v. Kamyar

Harouni

CASE NUMBER: 23SMCV03007

COMP. FILED: June 29, 2023

PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT

MOVING PARTY: Jamra, Jamra & Hanasab LLP

RESPONDING PARTY: Kamyar Harouni

BACKGROUND

This case arises from a dispute over attorneys’ fees. Defendant Kamyar Harouni retained Plaintiff Jamra, Jamra and Hanasab LLP to perform legal services on a marital dissolution case. Harouni owes $182,852.03 in attorneys’ fees.

On June 29, 2023, Plaintiff filed a complaint against Defendant. The Complaint alleges four claims for (1) breach of contract, (2) money due on an open account, (3) money due on an account stated, and (4) money due for services rendered. The Complaint seeks principal damages in the amount of $182,852.03, prejudgment interest at the rate of 10% per annum from Defendant’s date of breach on February 29, 2020, reasonable attorneys’ fees and costs.

Plaintiff filed a proof of service showing Defendant was personally served on July 11, 2023. Defendant was obligated to respond. Defendant did not do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on September 21, 2023. Plaintiff requested a default judgment on February 2, 2024. Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment. Defendant has not appeared.

RELIEF REQUESTED

Default judgment against Defendant for a total of $262,145.53, which is comprised of: (1) $182,852.03 for damages, (2) $71,829.06 in interest, (3) $537.40 for costs, and (4) $6,927.04 in attorneys’ fees.

ANALYSIS

Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting,

additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc. 585(a).)

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.)

Here, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration that there have been damages in the amounts requested in the default judgment, for $182,852.03. A memorandum of costs in the amount of $537.40 is set forth in Item 7 of the CIV-100 form. The parties’ agreement allows for the recovery of attorneys’ fees to the prevailing party, and Plaintiff seeks $6,927.04 in attorneys’ fees pursuant to the fee schedule set forth by Local Rule 3.214(a) for default cases. Plaintiff has submitted a declaration which calculates prejudgment interest at 10% per annum from the date of breach, totaling $71,829.06. Procedurally, Plaintiff properly served Defendant prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, dismissed fictitious defendants. and filed a proposed judgment (JUD-100). As default has already been entered and there has been no appearance or filing whatsoever from Defendant, default judgment is appropriate here.

CONCLUSION AND ORDER

For the foregoing reasons, Plaintiff Jamra, Jamra & Hanasab LLP’s Request for Default Judgment is GRANTED as to Defendant Kamyar Harouni. Default judgment in the amount of $262,145.53 is awarded in favor of Plaintiff.