Judge: Monica Bachner, Case: 22STCV20518, Date: 2023-02-28 Tentative Ruling

Case Number: 22STCV20518    Hearing Date: February 28, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

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

1.    Cost memorandum on the back of CIV-100 is not supported by invoices to support the “deeds and record lis pendens.”

2.    CIV-100 indicates damages are in the amount of $749,700 for a total judgment of $749,700. However, the JUD-100 indicates damages are in the amount of $0, for a total judgment of $8,321.18.

a.     JUD-100 “Other (specify)” box 6a(5) is not selected, but “Other (specify)” box 7 is selected and indicates “For a sale of the Subject Property per the Proposed Interlocutory Judgment. Defendant, Antonio J. Polanco, to receive $40,000 from the sale proceeds minus the above stated attorney’s fees and costs. Plaintiff, Juan Elias Polanco, to receive the remaining sale proceeds.”

3.    It is unclear what amount for attorney’s fees should be calculated according to the local rule based on discrepancy in damages sought on JUD-100 and CIV-100. Plaintiff seeks attorneys’ fees in the amount of $7,500 but does not provide a calculation for how the amount was determined.

4.    No exhibits are attached to the declarations.

5.    The Proposed Interlocutory Judgment for Partition by Sale would need to be entered before there is a final judgment.

6.    Since this action affects property, an evidentiary hearing is required.