Judge: Michael E. Whitaker, Case: 24SMCV04467, Date: 2025-02-28 Tentative Ruling

Case Number: 24SMCV04467    Hearing Date: February 28, 2025    Dept: 207

TENTATIVE RULING

Plaintiff Isaac Benarroch (“Plaintiff”) requests for default judgment against Defendant Farid Eliaszadeh Kahen (“Defendant”) in the amount of $191,000, which is composed of special damages in the amount of $190,000 and costs in the amount of $1,000.

A.    Damages

            Plaintiff’s Complaint alleges a single cause of action for Breach of Contract.  Defendant was personally served with a copy of the summons and complaint on October 6, 2024.  Default was entered against Defendant on November 22, 2024.  There are no Doe defendants.

            In support of the request, Plaintiff has provided a “Notice of Lodging Exhibits” attached to which are the following exhibits:

1. EXHIBIT “A” - Defendant’s Notes acknowledging receipt of Plaintiff’s Money in the amount of $23,300.00, $35, 000.00, and, $3,000.00 dated on or about July 2023.

2. EXHIBIT “B”- Copy of Defendant, FARID ELIASZADEH KAHEN’s passport and Driver’s License.

3. EXHIBIT “C”- Text Messages between Plaintiff and Defendant regarding Money exchange.

4. EXHIBIT “D”- Letter dated April 8, 2024, wherein Defendant acknowledges that he owes Plaintiff, Isaac Benarroch the amount of $190,000.00 to be repaid by the end of April 2024.

5. EXHIBIT “E”-Receipt from Bank of America of Defendant’s Fraudulent check given to Plaintiff, Isaac Benarroch, dated June 14, 2024 and June 18, 2024.

            Thus, Plaintiff has demonstrated that on April 8, 2024, Defendant promised to pay Plaintiff $190,000 (Exhibit D), and the two checks for $90,000 each Defendant wrote out to Plaintiff, which Plaintiff attempted to deposit on June 14 were denied for insufficient funds on June 18 (Exhibit E.)  

            Therefore, the Court finds that Plaintiff is entitled to the requested $190,000 in damages.

B.    Costs

            Plaintiff also requests $1,000 in costs, however Plaintiff has only substantiated $630 in costs, composed of $450 in filing fees and $180 in process server fees.  (CIV-100.)

            Therefore, Plaintiff’s request for costs is granted in part, in the amount of $630, as Plaintiff is the prevailing party in this action. (Code Civ. Proc., § 1032, subd. (a)(4).)

CONCLUSION

            Plaintiff’s request for default judgment is granted in part.  Plaintiff has only shown entitlement to costs in the amount of $630.  Therefore, Plaintiff is entitled to judgment in the amount of $190,630, representing $190,000 in special damages and $630 in costs.