Judge: Joseph Lipner, Case: 23STCV03434, Date: 2023-09-13 Tentative Ruling

Case Number: 23STCV03434    Hearing Date: September 28, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

On September 13, 2023, Plaintiff CVD Diamond, Inc. filed a request for entry of default judgment against Defendant Stephen Morris.

Plaintiff CVD Diamond Inc.’s request for entry of default judgment against Defendant Stephen Morris is GRANTED.

Background

On February 16, 2023, Plaintiff CVD Diamond, Inc. (Plaintiff) filed a complaint against Defendant Stephen Morris, and DOES 1 through 20, inclusive, alleging causes of action for (1) breach of contract, (2) book account, and (2) good sold and delivered.

On March 8, 2023, Plaintiff filed proof of service indicating that the summons and complaint were served by personal service on Defendant on March 7, 2023.

On April 26, 2023, Plaintiff filed a request for entry of default. On May 4, 2023, this Court entered a notice of rejection re default indicating that Item #1(a) on the CIV-100 form did not match the complaint filing date.

          On May 16, 2023, Plaintiff filed a request for entry of default judgment. On May 19, 2023, this Court entered a notice of rejection re default judgment indicating that Plaintiff still had not corrected the incorrect date on the CIV-100 form previously submitted.

          On May 19, 2023, Plaintiff filed a request for entry of default with the correction to Item #1(a) resolved. On the same day, this Court entered default against Defendant.

          On September 13, 2023, the Court continued the hearing on this motion to allow Plaintiff to file a new request for default judgment CIV-100 form curing the defects identified in the Court's tentative ruling.

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 CVD Diamond, Inc. filed a request for entry of default judgment on May 25, 2023. Plaintiff requests a judgment of $91,895.68, consisting of (1) $77,249.00 in damages; (2) $11,576.70 in prejudgment interest; (3) $635.00 in costs; and (4) $2,434.98 in attorneys’ fees.

The Court has reviewed Plaintiff’s default package and the following items are sufficient for entry of default judgment:

·       Item #1(a) of Plaintiff’s request for default judgment CIV-100 form lists the proper date of the complaint as February 16, 2023. This was the deficiency identified in the prior minute order. The Court finds that Plaintiff has sufficiently remedied this error.  

·       Item #2 of the CIV-100 form is properly filled out with the amount in 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 declaration from its attorney that includes a computation of interest and attorney fees calculation with exhibits attached in support.

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

·       Plaintiff filed a request for dismissal properly dismissing DOES 1 through 20.

·       Plaintiff filed a declaration from its President with exhibits attached to support its request for damages and briefly summarizing the case.

Therefore, Plaintiff CVD Diamond Inc.’s request for default judgment against Defendant Stephen Morris is GRANTED.