Judge: Lynette Gridiron Winston, Case: 24PSCV02877, Date: 2025-03-07 Tentative Ruling
Case Number: 24PSCV02877 Hearing Date: March 7, 2025 Dept: 6
Plaintiff
Creditors Adjustment Bureau’s Request for Entry of Default Judgment
Defendant: Ma-Me-O Collection Inc. aka Ma-Me-O Collection Inc.
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $1,087,956.97. The Court directs Plaintiff to submit a revised proposed judgment for the Court’s review and signature.
BACKGROUND
This is a collection case. On September 3, 2024, plaintiff Creditors Adjustment Bureau (Plaintiff), assignor of Zhangjiagang Tianxing Environmental Protion Technology Co., Ltd. c/o China Export & Credit Ins Corp Jiangsu Branch, filed this action against defendant Ma-Me-O Collection Inc. aka Ma-Me-O Collection Inc (Defendant) and Does 1 through 10, alleging causes of action for open book account, account stated, and reasonable value.
On December 10, 2024, default weas entered against Defendant.
On January 21, 2025, Plaintiff submitted a request for entry of default judgment.
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 $1,098,531.13, including $988,416.00 in damages, $97,755.19 in interest, $11,774.16 in attorney fees, and $585.78 in costs. The Court finds Plaintiff has adequately demonstrated entitled to the amount requested in principal damages, interest, and costs, but finds the request for attorney fees exceeds the amount permitted under Civil Code section 1717.5, which provides for the lesser of $1,200.00 or the amount provided under a default schedule such as Local Rule 3.214. (Civ. Code, § 1717.5, subds. (a)-(b).) Accordingly, the Court will reduce the amount of attorney fees awarded to $1,200.00.
CONCLUSION