Judge: Michael P. Linfield, Case: 22STCV33546, Date: 2023-03-28 Tentative Ruling

Case Number: 22STCV33546    Hearing Date: March 28, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On October 14, 2022, Plaintiff TriNet HR III Inc. filed its Complaint against Defendant Network Travel Experiences, Inc. on causes of action of breach of contract, open book account, account stated, and reasonable value.

On December 13, 2022, Plaintiff filed:

(1)       CIV-100, Request for Entry of Default and Court Judgment;

(2)       CIV-110, Request for Dismissal;

(3)       JUD-100, Proposed Judgment;

(4)       Declaration of Alan L. Brodkin Re: Computation of Pre-Judgment Interest;

(5)       Declaration of Alan L. Brodkin in Support of Attorney Fees Pursuant to Court Schedule;

(6)       Declaration Pursuant to C.C.P. 585(d);

(7)       Summary of Case; and

(8)       Proof of Service.

On December 20, 2022 by request of Plaintiff, the Clerk’s Office dismissed without prejudice Does 1 through 10 from the Complaint.

II.        ANALYSIS

Citing to Civil Code sections 3287 and 3289, Plaintiff states that the legal rate of interest is 18%.  (Brodkin Declaration, ¶ 3.)  Plaintiff is incorrect.  The legal rate of interest is 10%. (See C.C. § 3289(b).) Because Plaintiff has used the wrong interest rate, Plaintiff has also miscalculated the amount of interest owed.

The Court GRANTS Entry of Default Judgement in the amount of $63,948.19 as indicated below: