Judge: Michael P. Linfield, Case: 21STCV22304, Date: 2023-07-24 Tentative Ruling

The Court often posts its tentative several days in advance of the hearing. Please re-check the tentative rulings the day before the hearing to be sure that the Court has not revised the ruling since the time it was posted.

Please call the clerk at (213) 633-0154 by 4:00 pm. the court day before the hearing if you wish to submit on the tentative.

Case Number: 21STCV22304    Hearing Date: December 21, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On June 15, 2021, Plaintiff Ari Chazanas filed his Complaint against Defendant Vazgen Hakobian (sued as Vazgen Hakopian) on causes of action of breach of contract, fraud, negligence, restitution pursuant to Business and Professions Code section 7031, and money had and received.

On December 14, 2023, Plaintiff filed:

(1)       Judicial Council Form CIV-100, Request for Entry of Default;

(2)       Judicial Council Form CIV-100, Request for Court Judgment;

(3)       Judicial Council Form CIV-110, Request for Dismissal; and

(4)       Evidence in Support of Plaintiff’s Application for Default Judgment.

On December 14, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant.

        On December 15, 2023, by request of Plaintiff, the Clerk’s Office dismissed the Doe defendants from the Complaint.

II.       ANALYSIS

The Request for Default Judgment is GRANTED in part, conditional on Plaintiff filing Judicial Council Form JUD-100, Proposed Judgment by the time of the hearing.

The Court is awarding $30,000.00 in attorney's fees for two reasons:  1) Plaintiff’s counsel Kawahito indicates that $30,000 is a reasonable amount for this case; (Kawahito Declaration, ¶ 16); and 2) the almost $38,000 requested appears high given that there were only 3 main discovery motions filed in this matter.

        Default Judgment is AWARDED in favor of Plaintiff and against Defendant in the total amount of $201,733.11, which consists of $170,100.00 in damages and penalties, $1,633.11 in costs, and $30,000.00 in attorney’s fees as shown in the spreadsheet below: