Judge: Lynette Gridiron Winston, Case: 22PSCV00259, Date: 2023-11-16 Tentative Ruling
Case Number: 22PSCV00259 Hearing Date: November 30, 2023 Dept: 6
Plaintiff
Newage Garden Grove LLC (Sheraton)’s Request for Entry of Default Judgment
Defendant: JBS Group US, Inc., a Delaware corporation fka JBS Group, Inc.
TENTATIVE RULING
GRANTED in the reduced amount of $36,509.57.
BACKGROUND
This is a breach of contract case. On March 17, 2022, Plaintiff Newage Garden Grove LLC (Sheraton) (Plaintiff) filed this action against Defendant JBS Group US, Inc., a Delaware corporation fka JBS Group, Inc. (Defendant), alleging causes of action for breach of contract and common counts. Default was entered against Defendant on July 18, 2023. On September 7, 2023, Plaintiff submitted a default judgment package. On November 16, 2023, at Plaintiff’s request, the Court continued the hearing on Plaintiff’s request for entry of default judgment for Plaintiff to either file a corrected judgment or a declaration in support of the request for attorney’s fees. No such corrected judgment or declaration has been filed.
LEGAL
STANDARD
Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (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 proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.)
ANALYSIS
Plaintiff seeks default judgment against Defendants in the total amount of $37,694.72, including $26,505.14 in damages, $9,113.43 in interest, $1,185.15 in attorney’s fees, and $891.00 in costs. The Court finds Plaintiff’s default judgment package is supported by sufficient evidence, except for attorney’s fees.
Civil Code section 1717, subdivision (a) provides that, “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code § 1717, subd. (a).) The contract upon which this action is based contains no attorney’s fees clause, (see generally Lam Decl., Ex. A), nor has Plaintiff provided any evidence of a contract containing an attorney’s fees clause, (see generally Hettena Decl. re: Account for Entry of Default Judgment and Brief Summary of Case Pursuant to CRC 3.1800., ¶ 9.) Additionally, as noted above, the hearing on this matter was continued at Plaintiff’s request on November 16, 2023, and the Court directed Plaintiff to either file a corrected judgment or a declaration in support of the request for attorney’s fees. (Minute Order (11/16/23).) Plaintiff has not filed such corrected judgment or declaration.
Moreover, Civil Code section 1717.5, which involves attorney’s fees with respect to common counts claims, further provides that no attorney’s fees are available where there is a written contract that does not provide for attorney’s fees. (Civ. Code § 1717.5, subd. (a) [“If there is a written agreement between the parties signed by the person to be charged, the fees provided by this section may not be imposed unless that agreement contains a statement that the prevailing party in any action between the parties is entitled to the fees provided by this section.”]) As noted above, the contract upon which this action is based is in writing but contains no attorney’s fees clause. (See generally Lam Decl., Ex. A.)
The Court otherwise finds the default judgment request to be adequately supported by the evidence and properly calculated. Therefore, the Court will GRANT Plaintiff’s request for default judgment, minus the request for attorney’s fees, for a total of $36,509.57.
CONCLUSION