Judge: Robert B. Broadbelt, Case: 23STCV18230, Date: 2023-12-12 Tentative Ruling

Case Number: 23STCV18230    Hearing Date: December 12, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Moossa Naim, as trustee of the Moossa and Laura Naim Family Trust dated December 15, 2009            

RESPONDING PARTY:       n/a

Plaintiff’s Request for Entry of Court Judgment by Default

            Plaintiff Moossa Naim, as trustee of the Moossa and Laura Naim Family Trust dated December 15, 2009 (“Plaintiff”) requests that the court enter judgment by default against defendant Chengming Zheng, a/k/a Cheng Ming Zheng (“Defendant”) in the total amount of $181,780.54, consisting of (1) $164,167.88 in damages, (2) $11,469.26 in interest, (3) $2,497.03 in costs, and (4) $3,646.37 in attorney’s fees.

            The court notes a number of defects in Plaintiff’s request for default judgment against Defendant.

            First, the court finds that Plaintiff has not submitted competent evidence in support of the request for damages in the amount of $164,167.88.  Plaintiff has submitted only the declaration of Plaintiff’s counsel, who has not laid a foundation for the facts stated therein or shown that they are based on the personal knowledge of the declarant.  Thus, Plaintiff has not supported the request for damages with competent evidence.

            Second, Plaintiff requests interest twice: (1) in calculating the damages request for $164,167.88, and (2) as an independent request.  (Manasserian Decl., ¶¶ 20, 26; Manasserian Decl., Ex. E [setting forth damages calculations by adding together principal arrears, late fees, and interest]; Manasserian Decl., ¶ 31 [requesting an additional $11,469.26 in prejudgment interest].)  By including interest in Plaintiff’s request for damages, Plaintiff’s request for default judgment represents a double recovery of interest.  Plaintiff must request and calculate damages and prejudgment interest separately. 

            The court therefore denies plaintiff Moossa Naim, as trustee of the Moossa and Laura Naim Family Trust dated December 15, 2009’s request for court judgment by default against defendant Chengming Zheng, a/k/a Cheng Ming Zheng without prejudice.

IT IS SO ORDERED.

DATED:  December 12, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court