Judge: Rupert A. Byrdsong, Case: 24STCV07842, Date: 2025-01-27 Tentative Ruling

Case Number: 24STCV07842    Hearing Date: January 27, 2025    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  January 27, 2025          

Case Name:                                      Avery v. Bell, et al.

Case No.:                                           24STCV07842                                               

Motion:                                              Default Judgment

Moving Party:                                 Plaintiff Breyahna Avery

Responding Party:                         Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiff’s request for entry of default judgment in its favor                                                                         and against Defendants Dontae Bell and Got Wire Electric                                                                          Company, LLC is GRANTED in the amount of $48,796.87.

BACKGROUND

On March 28, 2024, Plaintiff Breyahna Avery (“Plaintiff”) filed a complaint against Dontae Bell and Got Wire Electric Company, LLC (collectively “Defendants”), as well as Does 1 through 50. Plaintiff alleged causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) negligence, (4) actual fraud and deceit, (5) constructive fraud, (6) disgorgement of money paid to unlicensed contractor under Business and Professions Code Section 7031, (7) unfair business practices under Business and Professions Code Section 17200 et. Seq., and (8) unjust enrichment.

Plaintiff alleges she owns real property located at 3414 S Bronson Ave in Los Angeles, California, 90018. Allegedly, Plaintiff hired Defendants to conduct electrical work on the property. After entering into the agreement, Plaintiff claims Defendants’ subsequent work fell below the standard of care, deviated from the specifications provided by Plaintiff, and violated various sections of the Business and Professions Code, including necessary licensure requirements.

Plaintiff served Got Wire Electric Company, LLC on April 11, 2024, and substitute served Dontae Bell on April 8, 2024. The Clerk entered default against Got Wire Electric Company, LLC on May 21, 2024, and against Dontae Bell on May 28, 2024. This is Plaintiff’s third request for entry of default judgment.

USE OF COPIES

Evidence Code Section 1550(a)(4) makes admissible any photographic copy or reproduction of a document if the document was “made and preserved as a part of the records of a business, as defined in Section 1270, in the regular course of that business.”

If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, and if the requirements of Section 1271 have been met, the copy of the records is admissible in evidence. The affidavit is admissible as evidence of the matters stated therein pursuant to Section 1561 and the matters so stated are presumed true.

Evid. Code § 1562.

Here, Plaintiff’s motion to use copies in lieu of the original is GRANTED. Plaintiff submits a declaration by Emil Rogstad stating that the exhibits submitted in support of this default judgment are identical to the original copies in Plaintiff’s possession. Rogstad Decl., ¶ 2. The Court finds that the copies are admissible and will rely on them in ruling on this default judgment.

ANALYSIS

Code of Civil Procedure (“CCP”) Section 585 permits entry of a judgment after a defendant’s default has been entered.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP Section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  CRC 3.1800.

JC Form CIV-100 must be used to request court judgment.  Item number 2 must be completed.  Item number 8 must be completed if the Defendant is an individual.  Plaintiff must submit a proposed form of judgment. 

Here, Plaintiff used JC Form CIV-100 for Defendants, completed items 2 and 8, and submitted a proposed form of judgment. Plaintiff properly dismissed the Doe defendants on June 27, 2024. CIV-110.

By defaulting, a defendant is deemed to admit all material allegations of the complaint that are well pleaded.  Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1156.  The complaint need only alleged facts sufficient to apprise a defendant of the nature of the plaintiff’s demand, and it is immaterial that the complaint might have been subject to a demurrer for failure to make an allegation necessary to state a cause of action.  Id. at 1157.  See also CCP § 431.20; Bristol Convalescent Hospital v. Stone (1968) 258 Cal.App.2d 848, 859 (stating that defaulting defendant admits absolute verity of all allegations of complaint giving rise to liability).

The plaintiff must prove the amount of damages before an actual entry of default judgment.  See Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1745.  In determining whether the plaintiff is entitled to an award of damages after the defendant has defaulted, the plaintiff is only required to present evidence establishing a prima facie case for damages.  Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362.  The trial court must hear the evidence offered by the plaintiff and render judgment “‘in [its] favor for such sum, not exceeding the amount stated in the complaint, or for such relief, not exceeding that demanded in the complaint, as appears from the evidence to be just.  [Citations.]’”  Id. at 362.

A.           General Damages

The demand of the Complaint is $89,294.00. This total includes $44,044.00 for costs of repairs and lost profits and $45,250.00 for disgorgement of money paid to unlicensed contractor under Business and Professions Code Section 7031(b). Rogstad Decl., Exs. A and B. Over the course of the contractual relationship, Plaintiff made three separate payments in the following amounts: $11,000 on December 20, 2023, $20,650.49 on November 11, 2023, and $13,600.00 on November 14, 2023. Rogstad Decl., Exs. A and B. This equals $45,250.49. Plaintiff only seeks $45,250.00 but has proven the amount of $45,250.49.  

In terms of repairs and lost profits, Plaintiff does not attach any exhibits or proof to substantiate the $44,044.00. However, in her summary of the case, Plaintiff does post a chart for repairs listing the following amounts: $25,872.00 to Vision GC (total estimated cost to cure for all four units), $2,020.00 to Americano Electrical Solutions (to fix electrical installed by previous electrician to pass DWP inspection), $1,240.00 to Vision GC (investigation report), $170.00 to Windows and Glass Corp (repair broken glass), and $200.00 to Jose Romero (electrical switches and outlet covers). The summary of the case also states Plaintiff was not able to rent the unit in question for six months, so Plaintiff lost rental income in the amount of $14,442.00 (six months of rent at $2,407 a month). This chart is insufficient because Plaintiff must submit proof establishing a prima facie case for damages. Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288; Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361. The summary of the case is not admissible evidence in support of damages. After multiple searches through all the contents of Plaintiff’s default packet, the Court has not uncovered any evidence, whether it be in the form of affidavit, documentary evidence, or otherwise, supporting this final $44,044.00 in damages. Plaintiff fails to provide invoices, receipts, emails, statements, or listings of the Small Area Fair Market Rentals price. Simply dropping this information in a little chart in a case summary is insufficient to support the claim for damages. Accordingly, the Court will not grant damages for amounts not substantiated.

Thus, Plaintiff has sufficiently proven its causes of action for the amount of $45,250.00.

B.           Costs

Plaintiff requests recovery of costs in the amount of $870.99.  The memorandum of costs states that the request is based on (a) $471.72 in clerk’s filing fees, (b) $380.10 in process server’s fees, and (c) $19.17 in research, postage, and copying fees.  CIV-100, ln. 7.

Accordingly, Plaintiff is entitled to costs in the amount of $870.99.

C.          Attorney Fees

Plaintiff requests recovery of attorney fees in the amount of $2,675.88. Plaintiff seeks attorney fees pursuant to Code of Civil Procedure Section 1029.8. Rogstad Decl., ¶ 13. Section 1029.8 entitles Plaintiff to recover all attorney fees if successful in an action for injury caused by a professional performing services without a license when a license is required. Plaintiff submits an itemized billing record for counsel’s work in prosecuting this matter. Rogstad Decl., Ex. I. Counsel’s total equals $3,909.00, but Plaintiff has reduced this request to $2,675.88 as per her last request for entry of default.

Plaintiff is entitled to attorney fees in the amount of $2,675.88

D.           Total Judgment

The Court finds that Plaintiff proved the following judgment amount against Defendants:  

CONCLUSION

Therefore, Plaintiffs’ request for entry of default judgment in its favor and against Defendants Dontae Bell and Got Wire Electric Company, LLC is GRANTED in the amount of $48,796.87. Plaintiff must submit a new form of judgment reflecting this proper amount.