Judge: Michael P. Linfield, Case: 22STCV16742, Date: 2023-02-14 Tentative Ruling

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Case Number: 22STCV16742    Hearing Date: February 14, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On May 20, 2022, Plaintiff Envision NWK Toy Auto, LLC filed its Complaint against Defendants Juan Mares Cardenas and Christian Castro on causes of action for breach of contract, negligence, and fraud.

On August 15, 2022, by request of Plaintiff, the Clerk’s Office entered default on Defendant Mares Cardenas.

On September 8, 2022, by request of Plaintiff, the Clerk’s Office entered default on Defendant Castro.

On December 5, 2022, the Court denied Plaintiff’s Request for Default Judgment due to multiple failures to comply with the procedural requirements for entry of a default judgment.

On January 10, 2023, the Court denied Plaintiff’s second Request for Default Judgment for the same reasons as before.

On January 11, 2023, Plaintiff filed the following: (1) CIV-100, Request for Court Judgment; (2) Declaration of Jeffrey S. Gubernick; (3) Declaration of Frank Hazem; (4) Case Summary; and (5) Request for Dismissal.

On January 31, 2023, Plaintiff filed; (1) JUD-100, Proposed Judgment; and (2) CIV-100, Request for Court Judgment.

II.        ANALYSIS

This is the third hearing on Plaintiff’s request for Entry of Default Judgement.  (See Background, supra.)

Plaintiff’s counsel requests attorney's fees in the amount of $6,215.00.  The Court does not see an accounting of how these attorney's fees were incurred.  Further, the Court cannot imagine how an attorney could incur over six thousand dollars in attorney's fees for a simple default case in which the attorney filed no motions and only appeared at two case management conferences.  Further, according to Local Rule 3.214, the attorney's fees on a default judgment of $20,034.00 is $991.02.

The Request for Default Judgment is GRANTED in part. The Court enters judgment for Plaintiff and against Defendant in the total amount of $21,752.74 as indicated below: