TENTATIVE 

Plaintiff Itria Ventures LLC (“Plaintiff”) filed this action against defendants FS Partners Group, Inc. (“FS Partners”), Kelley Hyun (“Hyun”), and Does 1 to 50 for (1) appointment of receiver, (2) preliminary injunction, (3) breach of written contract, and (4) breach of written guaranty. Plaintiff ahs dismissed all unnamed Doe defendants. 

The complaint alleges that on May 16, 2024, Plaintiff and FS Partners entered into a Receivable Sale Agreement (“RSA”) whereby Plaintiff agreed to pay $150,000.00 for the purchase of $195,000 of FS Partners’ future accounts receivable. Hyun was the Chief Executive Officer, Chief Financial Officer, Secretary, and Managing Member of FS Partners. Hyun signed the RSA in her individual capacity as guarantor of FS Partners’ performance under the contract. After entering into the RSA and receiving the funds from Plaintiff, FS Partners made just two Weekly Remittance Payments, on May 29, 2024, and June 5, 2024. When Plaintiff attempted to conduct the next ACH debits on June 12, 2024, and June 19, 2024, these attempted debits were rejected and returned on June 14, 2024, and June 21, 2024, due to insufficient funds in the FS Partners’ Approved Accounts. As of the date of this Complaint, FS Partners has not cured the default or otherwise made any additional Weekly Remittance Payments to Plaintiff. The amount of FS Partners’ accounts receivable that remain uncollected pursuant to the RSA is $192,050.00. 

On default judgment, Plaintiff seeks solely damages consisting of the following: $192,550.00 in principal damages, $5,116.75 in interest, $1,083.58 in costs, and $3,815.50 in attorney fees. 

Plaintiff seeks $192,550.00 in principal damages as pled in the Complaint. In support of the damages arising from FS Partners’ failure to remit the Weekley Remittance Payments, Plaintiff submits the declaration of Harrison Smalbach, corporate counsel for Plaintiff. (Smalbach Decl. ¶ 7; Exh. B.) 

The principal amount of $192,550.00 is granted. 

The RSA provides for reasonable attorneys’ fees arising from any material breach in connection with the defense, protection or enforcement of Plaintiff’s rights under the agreement. 

Plaintiff seeks $3,815.50 in attorneys’ fees. The amount requested conforms with the fee schedule provided in Los Angeles Superior Court, Local Rule 3.214, and is therefore granted. 

Plaintiff seeks prejudgment interest at the rate of 10% per annum from June 14, 2024 to the date of the declaration calculated at 97 days for a total of $5,117.08. Plaintiff has provided the fee calculation. 

The amount of $5,117.08 in prejudgment interest is therefore granted. 

Plaintiff seeks $1,083.58 in costs for clerk’s filing fees and process server’s fees. The costs are allowable pursuant to CCP §1033.5(a) and therefore granted. 

The request for default judgment submitted on September 19, 2024 is GRANTED against defendants FS Partners Group, Inc. and Kelley Hyun, jointly and severally, in the total amount of $202,565.83.