Judge: Salvatore Sirna, Case: 23PSCV01334, Date: 2023-12-05 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 23PSCV01334    Hearing Date: December 5, 2023    Dept: G

Plaintiff MMA’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff MMA’s Application for Default Judgment is TENTATIVELY GRANTED and the court will enter default judgment for MMA in the amount of $32,990.43 upon MMA’s dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court.

Furthermore, on its own motion, the court STRIKES the untimely answer filed by Defendants Diamond City Shopping Center, LLC and Bently Real Estate LLC on November 6, 2023, as these Defendants remain in default.

BACKGROUND

This is a breach of contract action arising from an architectural services agreement. In July 2020, Plaintiff MMA and Defendant Bently Real Estate LLC (Bently) entered into an agreement in which MMA agreed to provide architectural services to Bently for the development of a commercial property in West Covina. Subsequently, MMA alleges Bently began to fall behind on payments for MMA’s services. In January 2023, MMA terminated the agreement as a result of Bently’s alleged failure to make payments. On February 1, 2023, MMA recorded a mechanic’s lien against the West Covina property which is allegedly owned by Defendant Diamond City Shopping Center, LLC (Diamond City).

On May 2, 2023, MMA filed a complaint against Diamond City, Bently, and Does 1-10, alleging the following causes of action: (1) breach of contract, (2) foreclosure of mechanic’s lien on real property, and (3) promissory estoppel. On September 5, MMA’s process server served Diamond City and Bently with substitute service in West Covina.

On October 19, 2023, default was entered against Diamond City and Bently. On November 6, Diamond City and Bently filed an answer. MMA then submitted the present application for default judgment on November 22.

An OSC Re: Default/Default Judgment and case management conference are set for December 5, 2023.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  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 or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

MMA seeks default judgment against Diamond City and Bently in the total amount of $35,935.98, including $28,815 in damages, $2,501.13 in interest, $4,200 in attorney fees, and $419.85 in costs. Because the court finds MMA submitted sufficient evidence, the court GRANTS their application for default judgment with the following modification.

While MMA requests $4,200 in attorney fees, the court awards reasonable attorney fees pursuant to Local Rule 3.214 in the reduced amount of $1,254.45 ($690 + $564.45 or 3% of $18,815).

CONCLUSION

Based on the foregoing, MMA’s application for default judgment is TENTATIVELY GRANTED and the court will enter default judgment for MMA in the amount of $32,990.43 upon MMA’s dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court.

Furthermore, on its own motion, the court STRIKES the untimely answer filed by Diamond City and Bently on November 6, 2023, as they are in default.