Judge: Michael P. Linfield, Case: 21STCV45830, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV45830    Hearing Date: January 17, 2023    Dept: 34


 

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

 

I.           BACKGROUND

 

On December 14, 2021, Plaintiff Alice Garakian filed her Complaint against Defendants Simon Benarroch and Kelly Benarroch on a cause of action for breach of contract.

 

On October 17, 2022, Plaintiff filed her Request for Entry of Default and Clerk’s Judgment against Defendants. On October 17, 2022, the Clerk’s Office entered default against Defendants.

 

On October 24, 2022, Plaintiff filed: (1) Case Management Statement; and. (2) Declaration of Raymond Hovsepian.

 

On October 25, 2022, Plaintiff filed her Amended Proof of Service.

 

On November 22, 2022, Plaintiff filed Declaration of Alice Garakian.

 

On November 29, 2022, Plaintiff filed JUD-100, Proposed Judgment.

 

On November 30, 2022, the Court denied without prejudice Plaintiff’s Request for Entry of Default Judgment due to multiple procedural infirmities.

 

On December 22, 2022, Plaintiff filed: (1) CIV-100, Request for Court Judgment; (2) JUD-100, Proposed Judgment; and (3) Declaration of Alice Garakian.

 

On January 13, 2023, Plaintiff filed a declaration complying with the terms of Health & Safety Code §50897.3(e)(1). 

 

 

 

II.        ANALYSIS

 

The Court ENTERS default judgment in the amount of $33,357.00 as indicated below:

 

Default Judgment

Category

Amount Requested

Amount Granted

Demand of Complaint

$32,772.00

$32,772.00

General Damages

$0.00

Special Damages

$0.00

Interest

$0.00

Costs

$585.00

$585.00

Attorney's fees

$0.00

TOTAL

$33,357.00

$33,357.00

 

 

Plaintiff to prepare the judgment for the Court to sign.