Judge: Michael P. Linfield, Case: 23STCV20929, Date: 2024-02-27 Tentative Ruling

Case Number: 23STCV20929    Hearing Date: February 27, 2024    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On August 30, 2023, Plaintiff JPMorgan Chase Bank, N.A. filed its Complaint against Defendants Mobile Auto Repair, Inc. and Fabiano Dias Do Nascimento on causes of action of breach of promissory note and breach of guaranty.

On January 19, 2024, by request of Plaintiff, the Clerk’s Office entered default on Defendants.

On February 9, 2024, Plaintiff filed:

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

(2)       Judicial Council Form CIV-110, Request for Dismissal;

(3)       Judicial Council Form JUD-100, Proposed Judgment;

(4)       Declaration of Jeffrey N. Brown; and

(5)       Declaration of Ray Diamond.

On February 13, 2024, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the doe defendants from the Complaint.

II.       ANALYSIS

        The Request for Default Judgment is GRANTED in part.

        Regarding costs, Plaintiff’s counsel provides his declaration that the costs were “fair, reasonable and necessary.”  (Brown Declaration, ¶ 13.)  He also states that of the $2,377.59 in costs incurred, $547.35 were for filing fees and $1,830.24 were for service fees.  (Brown Declaration, ¶ 11.)  No further breakdown was provided. The Court allows the total amount of filing fees requested. However, the amount of service fees appears to be unreasonable, and thus the Court only allowed a smaller amount than what was requested.

        Default judgment is AWARDED in favor of Plaintiff and against Defendants, jointly and severally, in the total amount of $176,418.89. This amount is comprised of $172,058.31 in damages (the total amount allowable because that was the amount of damages listed on the Complaint), $3,610.58 in attorney’s fees (the total amount allowable for fees on this amount of damages), and $750.00 in costs, as indicated the chart below: