Judge: Rupert A. Byrdsong, Case: 24STCV12380, Date: 2024-10-22 Tentative Ruling

Case Number: 24STCV12380    Hearing Date: October 22, 2024    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  October 22, 2024         

Case Name:                                      Dongguan Qiaoli Clothing Co., LTD. v. Blum & Sonder Corp., et al.

Case No.:                                           24STCV12380                                               

Motion:                                              Default Judgment

Moving Party:                                 Plaintiff Dongguan Qiaoli Clothing Co., LTD.

Responding Party:                         Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiff’s request for entry of default judgment in its favor                                                                         and against Defendants Blum & Sonder Corp., Feel In, Feel In                                                                 Apparel, Jung Soo Kim, Jung Tae Kim, and Allen Kim is                                                                              DENIED.

BACKGROUND

On May 16, 2024, Plaintiff Dongguan Qiaoli Clothing Co., LTD. (“Plaintiff”) filed a complaint against Blum & Sonder Corp., Feel In, Feel In Apparel, Jung Soo Kim, Jung Tae Kim, and Allen Kim (collectively “Defendants”), as well as against Does 1 through 10. Plaintiff alleged causes of action for (1) breach of written agreement, (2) goods sold and delivered, (3) account stated, (4) open book account, and (5) false promises.

Plaintiff alleges that Plaintiff entered into a series of transactions with Defendant Feel In whereby Plaintiff would manufacture and ship clothing products to Feel In. Plaintiff claims Feel In would either not pay for these shipments or pay late. Despite Feel In’s promise to get current on its account, Feel In allegedly owes an outstanding balance of $208,647.90. Plaintiff claims Feel In has not paid this amount through repeated requests for payment. Plaintiff alleges that to ensure continued shipments of clothing products, the other named Defendants guaranteed the remaining balance on the loans, yet the outstanding balance remains.

Plaintiff substitute served all Defendants on June 5, 2024. The Clerk entered default against all Defendants on July 18, 2024. This is Plaintiff’s first request for entry of 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 has submitted a proposed form of judgment, filed CIV-100 Forms for each Defendant, completed Item 8 for all individual Defendants, and dismissed all Doe defendants. However, Item 2 on each CIV-100 form is blank, so no CIV-100 form indicates the demand of the complaint, the costs, the interest, or the amount of attorney fees.

Also, Plaintiff’s proposed form of judgment inaccurately calculates the amount of attorney fees it is entitled to. Plaintiff seeks attorney fees under Los Angeles Superior Court Local Rule 3.214(a). This rule states that in cases where a statute provides for attorney fees, if the Defendant is in default, and the total damages sought are over $100,000.00, the plaintiff can recover $2,890 plus 1% of the excess over $100,000.00 in attorney fees. The applicable statute, Civil Code Section 1717.5, entitles Plaintiff to recover attorney fees because Plaintiff brings a contract action based on a book account. Moreover, Plaintiff seeks to recover $208,647.90, and Defendants have defaulted as to this amount. Therefore, Plaintiff may recover $2,890.00 plus 1% of $108,647.90, which is the excess over $100,000.00. This total amount is $3,976.48 ($2,890.00 + $1,086.48). However, Plaintiff seeks attorney fees for $4,976.48 which would be the total of $2,890.00 + 1% of all of the $208,647.90 due on the book account.

The Court cannot sign the current proposed form of judgment as the attorney fee award is inaccurate. Plaintiff must correct and refile the proposed form of judgment, the accompanying attorney declaration, and the CIV-100 forms with items 2 and 7 completed.

CONCLUSION

Therefore, Plaintiff’s request for entry of default judgment in its favor and against Defendants Blum & Sonder Corp., Feel In, Feel In Apparel, Jung Soo Kim, Jung Tae Kim, and Allen Kim is DENIED.