Judge: Salvatore Sirna, Case: 23PSCV02661, Date: 2025-04-07 Tentative Ruling

Case Number: 23PSCV02661    Hearing Date: April 7, 2025    Dept: G

Plaintiff James Rutherford’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff James Rutherford’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a civil rights/discrimination case. On August 29, 2023, plaintiff James Rutherford (Plaintiff) filed a complaint against Mauricio’s Mexican Food & Pizza Corporation, Isaac Wise Cohanzad, as trustee of the Cohanzad Revocable Family Trust, Rosa Cohanzad, as trustee of the Cohanzad Revocable Family Trust, and Does 1 through 10. Plaintiff alleges the following cause of action: (1) violation of the UCRA, California Civil Code § 51 et seq.

On September 12, 2023, Plaintiff’s process served Isaac Wise Cohanzad, as trustee of the Cohanzad Revocable Family Trust, with substitute service in Los Angeles.

On September 12, 2023, Plaintiff’s process personally served Rosa Cohanzad, as trustee of the Cohanzad Revocable Family Trust, in Los Angeles.

On September 15, 2023, Plaintiff’s process personally served Mauricio’s Mexican Food & Pizza Corporation in Glendora.

On October 24, 2023, the court entered default against Isaac Wise Cohanzad and Rosa Cohanzad, as trustees of the Cohanzad Revocable Family Trust, and Mauricio’s Mexican Food & Pizza Corporation after they failed to file timely answers.

On July 29, 2024, Mauricio’s Mexican Food & Pizza Corporation filed an answer, and the court granted the Stipulation to Set Aside Default of Mauricio’s Mexican Food & Pizza Corporation.  

On January 13, 2025, Plaintiff dismissed Does 1 through 10.

On January 13, 2025, Plaintiff filed a notice of partial settlement with Mauricio’s Mexican Food & Pizza Corporation. On February 19, 2025, Plaintiff dismissed Mauricio’s Mexican Food & Pizza Corporation.

An order to show cause re: default judgment as to Cohanzad Defendants and order to show cause re: dismissal after settlement are set for April 7, 2025.

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 Code of Civil Procedure section 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, rule 3.1800.)

ANALYSIS

Plaintiff seeks default judgment against Isaac Wise Cohanzad and Rosa Cohanzad, as trustees of the Cohanzad Revocable Family Trust, in the total amount of $10,188, including $8,000 in damages, $570 in attorney fees, and $1,618 in costs. Because the court finds Plaintiff has submitted sufficient evidence, the court GRANTS Plaintiff’s application for default judgment but in the reduced amount of $8,005.00.  The court exercises its discretion based on Plaintiff’s declaration to award deterrence damages of $2,000, instead of the $4,000.00 requested.  Also, the court reduces Plaintiff’s request for costs of $183 in process server fees since Plaintiff did not provide a declaration or exhibit to support the requested costs.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED in the reduced amount $8,005.00.