Judge: Peter A. Hernandez, Case: 21PSCV00851, Date: 2022-09-07 Tentative Ruling

Case Number: 21PSCV00851    Hearing Date: September 7, 2022    Dept: O

Plaintiff Kramer, Fox & Associates, Inc.’s Application for Default Judgment is DENIED without prejudice.

Background 

Plaintiff Kramer, Fox & Associates, Inc. (“Plaintiff”) alleges as follows: On or about September 19, 2018, Plaintiff entered into a written agreement with Kent Davila (“Davila”) and KRJ Logistics, Inc. (“KRJ”). Defendants have failed to make the payments due per the terms of the agreement.

On October 20, 2021, Plaintiff filed a complaint, asserting causes of action against Davila, KRJ, and Does 1-10 for:

1.               Breach of Contract

2.               Common Counts

On March 4, 2022, Defendants’ defaults were entered.

An Order to Show Cause Re: Default Judgment is set for September 7, 2022.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.               Plaintiff has failed to provide a summary of the case.

2.               Plaintiff has failed to articulate any basis for attorney’s fees.

3.               The attorney’s fees are not calculated pursuant to Local Rule 3.207(a).

4.               Plaintiff has failed to provide the memorandum of costs in the request for entry of default Form CIV-100.

5.               There is no promissory note attached as Exhibit A as represented in Michael B. King’s declaration.

6.               Plaintiff fails to show the basis for the high interest rate without the promissory note.