Judge: Monica Bachner, Case: 20STCV31885, Date: 2023-03-27 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 20STCV31885    Hearing Date: March 27, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Belavis, LLC’s, unopposed motion for prejudgment interest is granted in the reduced amount of $49,687.29.

Plaintiff Belavis, LLC (“Belavis”) (“Plaintiff”), moves unopposed for an award of prejudgment interest of $56,226.77, pursuant to Civil Code §3289.   (Motion, pgs. 2-3.)  Plaintiff moves for prejudgment interest from Defendants YoY o Amon (“Amon”) and Amber Farr (“Farr”) (collectively, “Defendants”) following a court trial held on September 20, 21, and October 7, 2022, and this Court’s filing of its Statement of Decision on February 27, 2023, for Plaintiff against Defendants in $163,239.06 in damages.  (Motion, pg. 1; Statement of Decision; Proposed Judgment.) 

          Civil Code §§3287(a) and 3289(b)

          Civil Code §3287(a) provides, in pertinent part, as follows: “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day.”

The test for determining “certainty” is whether the defendant actually knows the amount owed or could have computed the amount from reasonably available information.  (Wisper Corp. v. California Commerce Bank (1996) 49 Cal.App.4th 948, 960.)

Interest is recoverable from time of breach when the amount of money due is liquidated or from time it becomes liquidated.  (Moreno v. Jessup Buena Vista Dairy (1976) 50 Cal.App.3d 438.)  This means when the amount owed can be determined in a set amount or formula.  A trial court has no discretion and must award prejudgment interest upon request from the first day there exists both breach of contract and a liquidated claim.  (North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824.)

“If a contract entered into after January 1, 1986, does not stipulate a legal rate of interest, the obligation shall bear interest at a rate of 10 percent per annum after a breach.”  (Civ. Code §3289(b).)

Plaintiff seeks an award of prejudgment interest against Defendants in the amount of $56,226.77 based on Plaintiff invoicing Defendants for each shipment.  (Motion, pg. 3.)  Plaintiff is entitled to prejudgment interest under Civil Code §3287(a) because Plaintiff’s damages were certain or capable of being made certain by calculation. The Court finds that prejudgment interest began accruing on the date Plaintiff last invoiced Defendants, on March 11, 2020.  (Motion, pg. 3, n.1.)  Plaintiff calculates the interest rate for three years from March 11, 2020, to March 27, 2023, at $16,323.91 per annum ($48,971.73) and sixteen days at $453.44 per day ($7,255.04), for a total of $56,226.77.  (Motion, pg. 3.)  However, the Court calculates prejudgment interest to be $49,687.29.

Based on the foregoing, Plaintiff’s unopposed motion for an award of prejudgment interest against Defendants in the reduced amount of $49,687.29 is granted.

Dated:  March _____, 2023

Hon. Monica Bachner

Judge of the Superior Court