Judge: Elaine Lu, Case: 23STCV15316, Date: 2023-11-22 Tentative Ruling

Case Number: 23STCV15316    Hearing Date: November 22, 2023    Dept: 26

Plaintiff requests attorney fees of $3,917.50 for the instant default judgment.  However, the amount of recoverable attorneys' fees for the instant motion is set by law.  “[I]n any action to recover COVID-19 rental debt, as defined in Section 1179.02, brought as a limited or unlimited civil case, the court shall not, under ordinary circumstances, award reasonable attorneys' fees to a prevailing party that exceed the following amounts:  (1) If the matter is uncontested, five hundred dollars ($500).”  (CCP § 871.11(a)(1).)  As the matter is in default and uncontested and Plaintiff seeks recovery of COVID-19 rental debt, only $500 in attorneys’ fees is recoverable as a matter of law.

The Proposed Judgment is also modified to include prejudgment interest accrued from June 27, 2023 to the date of entry of default judgment.

Accordingly, Plaintiff’s request for entry of default judgment is granted in the following modified amount:

Principal damages: $26,553.33

Attorney’s fees: $500

Interest: $2,091.09

Costs: $719.25

TOTAL: $29,863.67

The proposed judgment will be signed as modified.