Judge: Mel Red Recana, Case: 23STCV16151, Date: 2024-05-20 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 23STCV16151    Hearing Date: May 20, 2024    Dept: 45

Superior Court of California 

County of Los Angeles 

Hearing Date:              May 20, 2024

Moving Party:             Plaintiff Sehee Roh

Responding Party:      None

Request for Entry of Default Judgment

The court DENIES WITHOUT PREJUDICE Plaintiff’s request for entry of default judgment.

            This is an action for defamation.  On July 11, 2023, Plaintiff Sehee Roh filed his Complaint against Defendants Sunday Media, Inc. dba Sunday News USA, Sang Tae Choi aka Steven Choi, James Yoo, Jae Kwon Kim, and Does 1 through 20, inclusive.  The relief prayed for in Complaint provides:

1. For general damages according to proof, but no less than $26,000.00;

2. For special damages according to proof;

3. For damages for emotional distress as in a sum according to proof;

4. For punitive and/or exemplary damages in a sum to be determine by the trier of fact;

5. For Plaintiff’s costs of suit incurred herein including, without limitation, their reasonable attorney’s fees;

6. For such other and further relief as the Court may deem just and proper.

On December 26, 2023, default was entered as to Defendants Sunday Media, Inc., Jae Kwon Kim, and James Yoo.  On January 8, 2024, default was entered as to Defendant San Tae Choi.  On May 3, 2024, dismissal was entered as to Does 1 through 20.

Plaintiff request for entry of default judgment against Defendants Sunday Media, Inc., Sang Tar Choi, James Yoo, and Jae Kwon Kim in the amount of $28,928.91 representing $26,000.00 as demanded in the Complaint, $2,065.75 in interest, and $863.15 in costs.

Plaintiff’s request for entry of default judgment is denied for the following reason.  Plaintiff’s interest calculation is at 10%, but if Plaintiff seeks to recover damages based on his defamation cause of action, the interest calculation must be at a rate of 7%.  (Contract claims have a default judgment prejudgment interest rate of 10%, and all other actions have a default interest rate of 7%. See Civ. Code § 3287 et seq. and Cal. Const. Art. 15 § 1.)

The court therefore DENIES WITHOUT PREJUDICE Plaintiff’s request for entry of default judgment.

            It is so ordered.

Dated: May 20, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court