Judge: Serena R. Murillo, Case: 19STCV32875, Date: 2022-08-30 Tentative Ruling
Case Number: 19STCV32875 Hearing Date: August 30, 2022 Dept: 29
Tentative: The following
defects preclude granting default judgment against Defendant:
(1)
Damages have not been proved. As examples, Hambik
Minassi’s redacted credit card statements are not sufficient to prove the
amount sought for “out of pocket costs” such as “clothes,” “iphone case,” and
“Advil,” especially in light of the fact that the credit card statement is for
July of 2021, but the incident occurred in February of 2019. The same goes for
Anahid and Edward’s credit card statements; this evidence is not sufficient.
Further, the evidence concerning Anahid’s wage loss does not show the amount
she makes an hour. Additionally, Edward claims rent abatement but there is no
evidence as to the amount he was paying in rent each month.
(2)
Plaintiffs
should file only one CIV-100 form requesting court judgment that includes their
combined damages sought.
(3)
Counsel
has not filed a proposed judgment
(4) Plaintiffs’
request for attorney’s fees must be calculated in accordance with LASC Rule
3.214 or is supported by a declaration explaining why a greater amount should
be awarded including an itemized statement of the services rendered or to be
rendered.
(5) Plaintiffs
must provide the interest calculation required by CRC 3.1800(a)(3).
Plaintiffs are
ordered to submit a new default packet correcting all the defects identified
above.