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