Judge: Robert B. Broadbelt, Case: 23STCV28128, Date: 2024-06-20 Tentative Ruling

Case Number: 23STCV28128    Hearing Date: June 20, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff O.E.C. Shipping Los Angeles, Inc. 

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiff O.E.C. Shipping Los Angeles, Inc. (“Plaintiff”) requests that the court enter default judgment in its favor and against defendant Bravo Sports (“Defendant”) in the total amount of $53,091.40, consisting of $47,052 in damages, $3,597.24 in interest, $640.60 in costs, and $1,801.56 in attorney’s fees.

The court notes two defects in Plaintiff’s request for court judgment by default.

First, Plaintiff has not proven that it is entitled to damages in the amount of $47,052 with competent evidence.  Plaintiff submits the declaration of Milad Gholamnejad, which (1) attaches the invoice issued by Plaintiff to Defendant showing a total amount due of $72,052, (2) states that Plaintiff exercised its lien rights pursuant to the bill of lading and salvage sold the goods in the amount of $25,000, and (3) states that Defendant has failed to pay for Plaintiff’s services, thereby damaging Plaintiff in the amount of $47,052 (i.e., the remaining amount due on the invoice).  (Gholamnejad Decl., ¶¶ 5-8.)  However, while Gholamnejad states that they “have personal knowledge of the matters set forth herein[,]” Gholamnejad did not state facts establishing that they would have personal knowledge of the matters set forth in their declaration.  (Gholamnejad Decl., ¶ 1.)  Gholamnejad did not, for example, state that they work for Plaintiff or that Gholamnejad is the custodian of records for Plaintiff.  Moreover, while the court recognizes that counsel for Plaintiff, Henry Hwang, states that Defendant owes to Plaintiff $47,052, counsel did not establish that he has personal knowledge of that fact in his declaration.  (Hwang Decl., ¶ 3.)  Thus, the court cannot verify that Gholamnejad or counsel for Plaintiff have personal knowledge of the facts stated in their supporting declarations. 

The court therefore finds that Plaintiff has not met its burden to prove that it is entitled to damages against Defendant in the amount of $47,052 with competent evidence.  (Sass v. Cohen (2020) 10 Cal.5th 861, 880 [“plaintiffs in default cases must still prove their damages to obtain monetary recovery”].) 

Second, Plaintiff has not yet dismissed Doe defendants 1-10.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(7) [party seeking default judgment must file “[a] dismissal of all parties against whom judgment is not sought”].)   Although Plaintiff filed a request for dismissal on May 10, 2024, the request was rejected because “[t]he request must be submitted on an updated Judicial Council form[.]”  (May 10, 2024 CIV-110, p. 1.)  Thus, the court cannot enter default judgment in Plaintiff’s favor until Plaintiff dismisses the remaining Doe defendants.

The court therefore denies plaintiff O.E.C. Shipping Los Angeles, Inc.’s request for default judgment against defendant Bravo Sports, without prejudice to plaintiff O.E.C. Shipping Los Angeles, Inc.’s filing revised default judgment documents required by California Rules of Court, rule 3.1800 (including a proposed judgment on Judicial Council form JUD-100) that cure these defects.

IT IS SO ORDERED.

DATED:  June 20, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court