Judge: Michael P. Linfield, Case: 21STCV21480, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV21480    Hearing Date: January 18, 2023    Dept: 34

CROSS-COMPLAINANT’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On June 8, 2021, Plaintiffs David Walker-Hartsock and Tanner Walker-Hartsock filed their Complaint against Defendant Excel Construction LA Inc. on causes of action for professional negligence and abandonment in violation of Business and Professions Code section 7107.

On November 10, 2021, Defendant filed its Answer. Defendant/Cross-Complainant also filed its Cross-Complaint against Cross-Defendant Preferred Remodeling & Development Inc. on the following causes of action:

(1)       Comparative indemnity and apportionment of fault;

(2)       Implied indemnity;

(3)       Contribution;

(4)       Declaratory relief; and

(5)       Attorney’s fees and costs pursuant to Code of Civil Procedure section 1021.6 and/or 128.5.

On June 1, 2022, Defendant/Cross-Complainant amended its Cross-Complaint to substitute Business Alliance Insurance Company for Roe 1.

On October 20, 2022, by request of Cross-Complainant, the Clerk’s Office entered default on Cross-Defendant Preferred Remodeling & Development Inc.

On November 15, 2022, Cross-Complainant filed: (1) CIV-100, Request for Court Judgment; (2) JUD-100, Proposed Judgment; (3) Brief Summary of the Case; (4) Declaration of Eyal Aharon; (5) Declaration of Sam Helmi; and (6) Declaration of Ethan O. Michael.

II.        ANALYSIS

Cross-Complainant’s Request for Entry of Judgment is GRANTED in the amount of $15,747.48 as indicated below. The Request is granted as to all items except for interest, which was not requested in the Cross-Complaint, and attorney’s fees, which are only granted in the amount of $771.00 as the attorney's fees are limited by statute because this is a default judgment.