Judge: Michael P. Linfield, Case: 22STCV31222, Date: 2023-07-20 Tentative Ruling

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Case Number: 22STCV31222    Hearing Date: July 20, 2023    Dept: 34

 

 

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

 

I.           BACKGROUND

 

On September 26, 2022, Plaintiff Cruz Lagunes Masa filed his Complaint against Defendants California Transport Refrigeration, Inc. and Craig Burton on causes of action arising from Plaintiff’s employment with Defendants.

 

On June 14, 2023, by request of Plaintiff, the Clerk’s Office entered default against Defendant California Transport Refrigeration, Inc.

 

On July 17, 2023, Plaintiff filed:

 

(1)       CIV-100, Request for Court Judgment;

(2)       CIV-110, Request for Dismissal;

(3)       JUD-100, Proposed Judgment;

(4)       Declaration of Cruz Lagunes Masa;

(5)       Declaration of Jack D. Josephson; and

(6)       Summary of the Case.

 

On July 18, 2023, by request of Plaintiff, the Clerk’s Office dismissed with prejudice Does 1 through 100 from the Complaint.

 

On July 14, 2023, the Court denied Plaintiff’s request for Entry of Default against Defendant Craig Burton.

 

On July 20, 2023, the Court dismissed Defendant Craig Burton.

 

 

II.        ANALYSIS

 

The Request for Default Judgment is GRANTED in part.

 

        Judgment is awarded in favor of Plaintiff Cruz Lagunes Masa and against Defendant California Transport Refrigeration, Inc. in the total amount of $22,278.25, which consists of $21,275.00 in damages, $1,028.25 in attorney’s fees (the maximum allowable amount), and $75.00 in costs, as indicated below:

 

 

 

Default Judgment

Category

Amount Requested

Amount Granted

Demand of Complaint

$21,275.00

$21,275.00

General Damages

$0.00

Special Damages

$0.00

Interest

$0.00

Costs

$75.00

$75.00

Attorney's fees

$1,028.25

$1,028.25

TOTAL

$22,378.25

$22,378.25

 

 

            Although not relevant to the Court’s Entry of Default Judgement, the Court questions why this case was brought as an unlimited civil case, as opposed to a limited civil case, since the damages are less than $25,000.00.