TENTATIVE 

Plaintiff Wells Fargo Bank, N.A. (“Plaintiff”) filed this breach of contract action against defendant Danielle M. Velasquez (“Defendant”), alleging that the parties entered into a written agreement on November 27, 2005 (Compl. Exh. A.). Plaintiff issued Defendant a credit card, which Defendant used to purchase goods, services and/or for cash advances. Defendant, in exchange for use of the card, agreed to repay the principal along with interest and other charges. On September 16, 2022, Plaintiff failed to remit any further payments on the account. Plaintiff therefore seeks principal damages in the amount of $25,071.39, in addition to the recovery of costs and attorney fees. 

On May 20, 2024, Plaintiff obtained entry of default against Defendant. Plaintiff now seeks default judgment in the principal amount of $25,071.39, costs of $510.00, and attorney fees in the amount of $800.00 against Defendant. 

In support of the amount sought, Plaintiff proffers the declaration of John J. Andersen (“Andersen”), a Loan Workout Specialist of Plaintiff, with exhibits demonstrating the amount due and owing.  

Plaintiff’s request for the principal amount of $25,071.39 is properly supported, and therefore granted. 

Plaintiff seeks $510.00 in costs for clerk’s filing fees and process server’s fees. The costs are allowable pursuant to CCP § 1033.5(a)(1) and (4), and therefore granted. 

Plaintiff avers it is entitled to attorney fees pursuant to contractual agreement. The contract between Plaintiff and Defendant provides in Paragraph 21 “Default/Immediate Repayment of Balance In Full” that “If your account is in default you agree to pay our collection costs, attorney’s fees, and court costs incurred in enforcing our rights under this agreement.” (Anderson Decl. Exh. A.) 

Plaintiff has properly supported entitlement to attorney fees. Further, the amount sought of  $800.00 does not exceed the maximum allowed pursuant to Los Angeles Superior Court, Local Rule 3.214. 

The request for attorney fees in the amount of $800.00 is therefore granted. 

Plaintiff’s application filed on July 31, 2024 is GRANTED in the principal amount of $25,071.39, $510.00 in costs, and $800.00 in attorney fees against defendant Danielle M. Velasquez.