Judge: Peter A. Hernandez, Case: 23PSCV03818, Date: 2024-05-07 Tentative Ruling

Case Number: 23PSCV03818    Hearing Date: May 7, 2024    Dept: K

Plaintiff Engineered Products’ Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Engineered Products (“Plaintiff”) alleges as follows:

Plaintiff is in the business of designing and providing turnkey storage systems for warehouses. Ask Logistics, Inc. (“ALI”) and Carrystar Supply Chain Management Inc. (“CSCM”) (together, Defendants”) are believed to be the same company or CSCM is ALI’s successor. On March 1, 2023, Defendants sought a project quote from Plaintiff. Plaintiff provided a proposal to Defendants in the amount of $262,525.18 (“March Proposal”). The March Proposal, though presented to ALI and Sergio Bayardo Pena (“Pena”), was accepted and signed on behalf of CSCM. On April 11, 2023, Defendants sought an additional quote from Plaintiff for additional services and materials for the project. Plaintiff provided a second proposal in the additional amount of $77,956.41 (“April Proposal). The April Proposal, though presented to ALI and Pena, was accepted by “Pena/CEO.”

On April 13, 2023, CSCM executed a credit application with Plaintiff for the cost of the materials to be provided and the services to be rendered ("Credit Application"). The "Terms of Sale" section of the Credit Application provided that payments were to be made “Net 15 days" and "Upon default of payment, applicant agrees to pay all collection costs and reasonable attorney fees that may be incurred." The Credit Application identified Pena as the CEO of CSCM. Plaintiff's "New Customer Account Form" was also filled out on behalf of CSCM ("Account Form"). Plaintiff performed the services and materials as per the March and April Proposals. Plaintiff is still owed $309,299.03.

On December 8, 2023, Plaintiff filed a complaint, asserting causes of action against ALI, CSCM and Does 1-25 for:

1.                  Breach of Contract

2.                  Unjust Enrichment

On January 30, 2024, ALI’s default was entered. On March 7, 2024, CSCM’s default was entered.

A Case Management Conference is set for May 7, 2024.

Discussion

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

1.                  Plaintiff seeks $244.61 in “other” costs as per Paragraph 7(c) of Judicial Council Form CIV-100, but fails to specify what these costs are.

2.                  Plaintiff seeks $9,762.00 in attorney’s fees. Plaintiff is requested to recalculate attorney’s fees pursuant to Local Rule 3.214, subdivision (a).