Judge: Peter A. Hernandez, Case: 23PSCV01712, Date: 2023-11-07 Tentative Ruling

Case Number: 23PSCV01712    Hearing Date: November 7, 2023    Dept: K

Plaintiff Absolute Resolutions Investments, LLC’s Application for Default Judgment is DENIED without prejudice.

Background   

This is a Fair Debt Buying Practices Act case.

On June 7, 2023, Plaintiff Absolute Resolutions Investments, LLC (“Plaintiff”) filed a complaint, asserting causes of action against Guang Cui (“Defendant”) and Does 1-10 for:

1.                  Account Stated

2.                  Open Book Account

On August 4, 2023, Defendant’s default was entered.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for November 7, 2023.

Discussion

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

Plaintiff seeks $1,278.61 in attorney’s fees. Attorney Christopher Mandarich (“Mandarich”) attests that Plaintiff seeks attorney’s fees pursuant to Civil Code 1717; however, Mandarich fails to identify any contractual attorney’s fees provision here. Plaintiff’s complaint reflects that attorney’s fees are being sought pursuant to Plaintiff’s second cause of action for Open Book Account. (See Complaint, ¶ 27). Civil Code § 1717.5 generally applies to attorney’s fees in any action on a contract based on a book account. Plaintiff is requested to either brief the issue of attorney’s fees or recalculate said fees in the amount of $1,200.00 pursuant to Civil Code § 1717.5 and lodge a new proposed judgment.