Department 78, Stanley Mosk Courthouse

April 12, 2024

21STCV07090

Default Judgment

DECISION

The matter will be continued to permit the filing of corrected default judgment package.

Moving party to appear so that a continued date may be set.

Moving party to provide notice.

Discussion

Plaintiff’s request for entry of default judgment will be granted once Plaintiff dismisses the Doe Defendants, provides a calculation of interest from counsel, and submits an updated form JUD-100. The Court awards attorneys’ fees in the reduced amount of $3,057.63. The request for statutory damages in the amount of $200 is also denied.

Demand of the Complaint $116,763

Interest $42,994.38

Costs $929

Attorney Fees $7,321.50

Damages under Civ. Code, section 1950.7 $200

Total $168,207.88

This is an action for unlawful retention of security deposit, replevin, conversion, trespass to chattels, negligence, and breach of contract. Plaintiff alleges that it entered a lease with the now defunct Defendants Seldat Distribution and Seldat, Inc. After Plaintiff vacated the premises at the end of the lease term, Defendants refused to return any part of the security deposit.

3/12/2024 Default Entered

None Doe Dismissal Entered

Plaintiff failed to dismiss the Doe Defendants in this action. Plaintiff must dismiss the Doe Defendants before the Court can enter default judgment.

Plaintiff provides a copy of the lease showing the security deposit was $116,763. (Watnick Decl., Exh. A.) Plaintiff’s damages are supported by evidence.

Plaintiff requests $42,994.38 in interest. However, Plaintiff failed to provide the interest rate and calculation of interest as required by Cal. Rules of Court, Rule 3.1800(a)(3). 

Civ. Code, section 1950.7 provides that bad faith retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section, may subject the landlord or transferee to damages not to exceed $200. Here, Plaintiff provides no evidence that the retention of deposit was in bad faith. Although Plaintiff’s counsel testifies that Defendants refused to return the deposit, counsel does not have personal knowledge of why Defendants never returned the deposit. Statutory damages are denied.

Plaintiff also seeks attorney’s fees. Attorney’s fees are permitted under paragraph 11 of the lease agreement. 

Local Rule of the Court, rule 3.214(a) provides, in relevant part: 

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 judgment unless otherwise determined by the court. Default case: 

$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.

An application for a fee greater than listed in the schedule because of extraordinary services must include an itemized statement of the services rendered or to be rendered. (Local Rule of Court, rule 3.214(d).)

Here, Plaintiff seeks $7,321.50 in attorney’s fees. The calculation under rule 3.214(a) is ($16,763 X .01) + $2,890 = $3,057.63. Plaintiff’s counsel provides an itemized statement of services rendered which include preparing this default prove up, locating the defense attorney representing an agent for service, serving the agents of service, researching Defendants, and internal correspondence. The work in this matter appears routine and does not justify an award greater than the award allowed under rule 3.214.

Plaintiff seeks to recover costs for copies, filing fees, and service of process. These costs are allowable.