Judge: Lisa K. Sepe-Wiesenfeld, Case: 21SMCV00583, Date: 2024-07-19 Tentative Ruling
Case Number: 21SMCV00583 Hearing Date: July 19, 2024 Dept: N
TENTATIVE RULING
Plaintiff Steve Awadalla’s Request for Default Judgment is CONTINUED to be determined at hearing to allow Plaintiff to address the following deficiencies.
First, Plaintiff merely provides documents to the Court in a notice of lodging evidence and appears to ask the Court to determine which documents are relevant to his claims without description of the documents, identification, or statements as to the nature of the documents. Second, Plaintiff’s complaint focuses on the breach of an agreement to pay Plaintiff for his work selling real property, but he seeks damages for failure to pay Plaintiff when Defendants David Girgis and Moses Girgis purchased property, which is outside the allegations of the complaint. Third, Plaintiff seeks only $100,000 in damages in the complaint, but he seeks $138,334.92, which is not permitted under Code of Civil Procedure section 580, subdivision (a). Fourth, Plaintiff fails to provide a declaration describing the basis of interest. Fifth, Plaintiff fails to describe the basis for attorney fees, i.e., he fails to identify the specific provision of an agreement allowing him to recover such fees, nor does he calculate his fees in compliance with Local Rule 3.214. These deficiencies must be cured before the Court can grant judgment in Plaintiff’s favor.