Judge: Monica Bachner, Case: 21STCV47081, Date: 2023-01-31 Tentative Ruling

Case Number: 21STCV47081    Hearing Date: January 31, 2023    Dept: 71

Superior Court of California

County of Los Angeles

 

DEPARTMENT 71

 

TENTATIVE RULING

 

DREAMUM, LLC, 

 

         vs.

 

ELEGANT WINDOWS AND DOORS, INC., et al..

 Case No.:  21STCV47081

 

 

 

 

 Hearing Date:  January 31, 2023

 

Status Conference regarding Default Judgment Packet is continued to March 2, 2023, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

  1. Form Complaint alleging causes of action for breach of contract, common counts, and fraud in the amount of $35,000 based on Plaintiff having paid a $50,000 deposit and only recovering $15,000 from Defendants’ bond. The fraud cause of action only seeks damages for “delay in completion of project” in addition to the $35,000. There is no support for Plaintiff’s figures for “Damages due to delay $50,000” and “Inconvenience: $50,000.” Plaintiff’s declaration that he loss rent in excess of $50,000 is conclusory. 

     

  2. Alter ego liability is not established factually.  Plaintiff provides no evidence that the individuals are the alter egos of the entity.

     

  3. The attorneys’ fees calculation should be $1,200 for an open book claim.  (Civ. Code §1717.5(a).)