Judge: Joseph Lipner, Case: 23STCV18209, Date: 2023-12-11 Tentative Ruling

Case Number: 23STCV18209    Hearing Date: December 11, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Golden Dragon Group LLC (“Plaintiff”) seeks default judgment against Defendant Jonathan Valdez (“Defendant”)

Plaintiff requests:

(1) money judgment in the amount of $67,949.42, consisting of:

(a) damages in the amount of $57,574.84;

(b) interest in the amount of $6,293.80;

(c) costs in the amount of $507.79;

(d) attorney’s fees in the amount of $3,572.99;

The Court cannot sign the form of proposed judgment that Plaintiff filed as the attorney’s fees must be reduced to $2,647.48 for the reasons explained below.  Plaintiff may submit by the next hearing a proposed judgment changing the attorney’s fees to $2,647.48 and recalculating the “Total.”  The Court will continue this hearing to allow Plaintiff to make this correction. 

Background

Defendant executed an agreement entitled “Promissory Note” (the “Agreement”) in favor of Plaintiff. On August 29, 2022, Defendant defaulted under the Agreement by failing to make a payment that was due.

          Plaintiff filed this action on August 1, 2023, stating claims for (1) goods and services sold and delivered; (2) account stated; (3) open book account; and (4) breach of note.

On October 30, 2023, the Court entered default against Defendant.

Legal Standard

CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  A party seeking judgment on the default by the Court must file a Form CIV-100 Request for Court Judgment, and:

(1) Proof of service of the complaint and summons;

(2) A dismissal of all parties against whom judgment is not sought (including Doe defendants) or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment (CRC 3.1800(a)(7);

(3) A declaration of non-military status as to the defendant (typically included in Form CIV-100) (CRC 3.1800(a)(5));

(4) A brief summary of the case (CRC 3.1800(a)(1));

(5) Admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362);

(6) Interest computations as necessary (CRC 3.1800(a)(3));

(7) A memorandum of costs and disbursements (typically included in Form CIV-100 (CRC 3.1800(a)(4));

(8) A request for attorney’s fees if allowed by statute or by the agreement of the parties (CRC 3.1800(a)(9)), accompanied by a declaration stating that the fees were calculated in accordance with the fee schedule as per Local Rule 3.214.  Where a request for attorney fees is based on a contractual provision the specific provision must be cited; (Local Rule 3.207); and

(9) A proposed form of judgment (CRC 3.1800(a)(6));

(10) Where an application for default judgment is based upon a written obligation to pay money, the original written agreement should be submitted for cancellation (CRC 3.1806). A trial court may exercise its discretion to accept a copy where the original document was lost or destroyed by ordering the clerk to cancel the copy instead (Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124);

(11) Where the plaintiff seeks damages for personal injury or wrongful death, they must serve a statement of damages on the defendant in the same manner as a summons (Code Civ. Proc. § 425.11, subd. (c), (d)).

(California Rules of Court rule 3.1800.)

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.”

A party who defaults only admits facts well pleaded in the complaint or cross-complaint.  (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154.)  Thus, the complaint must state a claim for the requested relief.

Discussion

Service of the Complaint and Summons

          According to the proof of service filed on October 5, 2023, Defendant was served on August 24, 2023 at 2616 Griffith Ave, Los Angeles, CA 90011 via substitute service on Blanca Jaurigui.

Dismissal of Other Parties

The Doe defendants were dismissed from the action on November 3, 2023, pursuant to Plaintiff’s request.

Non-Military Status

Natalia A. Minassian avers to Defendant’s non-military status.

Summary of the Case

Plaintiff provides a brief summary of the case in its Case Summary in Support of Default Judgment by Court. Plaintiff adequately pleads its causes of action in the Complaint.

Evidence of Damages

G. Anthony [name illegible] (“G. Anthony”) avers that Defendant owes the principal sum of $57,574.84 on the Agreement. (G. Anthony Decl. at ¶ 7; Exh. 2 (“Statement of Account”.)

Interest

The Complaint requests interest on the unpaid loan amount. (Complaint at p. 5:13-14.) The amount of principal damages is certain because it is laid out in the Agreement and Statement of Account; pre-judgment interest is therefore permissible here.

G. Anthony provides the interest computations in an exhibit to his declaration. (G. Anthony Decl. at ¶ 9; Exh. 3.) The total amount of interest is $6,293.80.

Memorandum of Costs and Disbursements

Plaintiff includes a memorandum of costs in the submitted Form CIV-100, averring that it expended $507.79 in costs.

Attorney’s Fees

          Plaintiff requests $3,572.99 in attorney’s fees.

This is an action on a contract. Because the judgment is between $50,000.01 and $100,000, the maximum recovery of attorney’s fees is equal to $1,890 plus 2% of the excess over $50,000. (Local Rule 3.214.) The excess over $50,000 here is $7,574.84. 1% of that amount is $757.48. Thus, the maximum amount of attorney’s fees is $2647.48. Plaintiff’s request exceeds this amount. The Court therefore reduces Plaintiff’s attorney’s fees to $2647.48.

Proposed Form of Judgment

          Plaintiff submitted a proposed form of judgment as required on October 28, 2023.

Submission of the Written Agreement

          California Rule of Court 3.1806 states that “unless otherwise ordered” judgment upon a written obligation requires a clerk’s note across the face of the writing that there has been a judgment. Here, Plaintiff has not submitted the original documents. The Court does not discern any practical need for such a clerk’s note on the written obligation in the current case and therefore orders that it need not be included. If this causes any issues for any party or non-party they are authorized to bring the matter to the Court’s attention. 

Statement of Damages

Plaintiff does not need to submit a statement of damages because this is not a personal injury or wrongful death case.