Judge: Joseph Lipner, Case: 23STCV03391, Date: 2023-09-13 Tentative Ruling

Case Number: 23STCV03391    Hearing Date: September 13, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Glasswerks LA, Inc. filed a request for entry of default judgment against Defendant Century Shower Door Co, Inc. dba Century Shower Door, a corporation.

Plaintiff Glasswerks LA, Inc.’s request for entry of default judgment against Defendant Century Shower Door Co, Inc. dba Century Shower Door, a corporation is GRANTED.

Background

On February 15, 2023, Plaintiff Glasswerks LA, Inc. (Plaintiff) filed a complaint against Defendant Century Shower Door, Co, Inc. dba Century Shower Door, a corporation (Defendant), and DOES I through XX, inclusive, alleging causes of action for (1) breach of written contract and (2) breach of contract – Commercial Code § 2201.

On March 14, 2023, Plaintiff filed proof of service by mail indicating that the summons and complaint were served on Defendant on February 23, 2023. Plaintiff also filed proof of service by substitute service indicating that John Doe – Person Apparently in Charge was served on behalf of Defendant.

            On April 11, 2023, Plaintiff filed a request for entry of default. On the same day, this Court entered default against Defendant. (Min. Order 4/19/23.)

Legal Standard

Pursuant to Cal. Rules of Court, rule 3.1800(a), “a party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100)…the following must be included in the documents filed with the clerk: (1) except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of the plaintiffs claim; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a declaration of nonmilitary status for each defendant against whom judgment is sought; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorney fees if allowed by statute or by the agreement of the parties.”

Pursuant to Code Civ. Proc., § 1033.5(a)(1), items are allowable as costs under Section 1032 if they are “filing, motion, and jury fees.”

Discussion

Here, Plaintiff Glasswerks LA, Inc. filed a request for entry of default judgment on April 21, 2023. Plaintiff requests a judgment of $101,595.28, consisting of (1) $83,353.28 in damages; (2) $14,895.00 in prejudgment interest; (3) $536.54 in costs; and (4) $2,810.46 in attorneys’ fees.

The Court has reviewed Plaintiff’s default judgment package and finds that granting default judgment is warranted under law for the following reasons:

·        Plaintiff used the mandatory CIV-100 form.

·        Item #2 of the CIV-100 form is properly filled out with the amount of damages, prejudgment interest, costs, and attorneys’ fees being requested.

·         Item #7 of the CIV-100 form consists of memorandum of costs that are allowable under CCP § 1033.5(a)(1).

·        Item #8 of the CIV-100 form properly declares the Defendant’s nonmilitary status.

·        Plaintiff filed a separate memorandum of points and authorities that briefly summarizes the instant case and includes a computation of interest.

·        Plaintiff filed a proposed form of judgment using the JUD-100 form.

·        Plaintiff filed a request for dismissal properly dismissing DOES I through XX.

·        Plaintiff filed a declaration from their custodian of records with exhibits attached to support its request for damages.

The Court therefore GRANTS Plaintiff’s request for default judgment against Defendant Century Shower Door, Co, Inc. dba Century Shower Door, a corporation.