Judge: Lynette Gridiron Winston, Case: 24PSCV02441, Date: 2024-12-18 Tentative Ruling
Case Number: 24PSCV02441 Hearing Date: December 18, 2024 Dept: 6
Plaintiff SCE Federal Credit Union’s Request for Entry of Default Judgment
Defendant: Karina Acorda
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $82,785.95. Plaintiff can submit a new proposed Judgment prior to the hearing or the Court will modify and sign the proposed judgment.
BACKGROUND
This is a collection case. On July 30, 2024, plaintiff SCE Federal Credit Union (Plaintiff) filed this action against defendant Karina Acorda (Defendant) and Does 1 through 10, alleging causes of action for breach of promissory note and money lent.
On November 19, 2024, Plaintiff entered default against Defendant.
On December 5, 2024, Plaintiff submitted a default judgment package.
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) declaration of nonmilitary status; (6) a proposed form of judgment; (7) 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; (8) exhibits as necessary; and (9) 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 $85,164.89, including $74,447.07 in damages, $7,765.02 in interest, $2,378.94 in attorney fees, and $573.86 in costs. The Court finds Plaintiff has submitted sufficient evidence to support the amount requested, except for attorney fees. Attorney fees are only recoverable under contract, statute, or law. (Code Civ. Proc., § 1033.5, subd. (a)(10).) Local Rule 3.214 predicates recovery of attorney fees in default judgments on a promissory note, contract, or statute providing for their recovery. (Local Rule 3.214 [“When a promissory note, contract, or statute provides for the recovery of reasonable attorneys' fees…”].) The Court was unable to find any provision in the loan agreement that entitles Plaintiff to recover attorney fees. (Velazco Decl., Ex. 1.) The most it could find was language stating that Plaintiff could recover attorney fees in connection with selling a vehicle. (Velazco Decl., Ex. 1, p. 8 of pdf, ¶ 9.) Plaintiff has not presented any evidence indicating that a vehicle was sold. Plaintiff has not presented any other evidence indicating that Plaintiff is entitled to attorney fees under statute or law. Accordingly, the Court will deduct the attorney fees request from the total judgment. The Court otherwise finds everything else in order. Accordingly, the Court GRANTS Plaintiff’s request for entry of default judgment in the reduced amount of $82,785.95.
CONCLUSION