Superior Court of California

County of Los Angeles

Department 50

sheyna burns, Plaintiff, vs. felicia kelley, et al., Defendants.	Case No.:	19STCV36796
	Hearing Date:	August 8, 2022
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Plaintiff Sheyna Burns (“Plaintiff”) requests entry of default judgment against Defendant Felicia Kelley (“Defendant”). Plaintiff seeks judgment in the total amount of $149,739.26, comprising $136,240.00 in general damages, $5,250.00 in special damages, $1,210.26 in costs, and $7,039.00 in attorney fees.

The Court notes a few defects with the submitted default judgment package.

First, Item 1(a) of the Request for Court Judgment form indicates that Plaintiff seeks judgment on the original Complaint filed on October 16, 2019. The Court notes that the operative First Amended Complaint (“FAC”) was filed on October 28, 2020.

Second, Plaintiff filed a Request for Dismissal of Does 1-10 on July 27, 2022, but the FAC names Does 1 through 20 as defendants. A party seeking a default judgment must file “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment . . . .” (Cal. Rules of Court, rule 3.1800(a)(7).)

Lastly, the amount requested for attorney’s fees is in excess of the schedule set forth in LASC rule 3.214(a). Per paragraph 5 of Plaintiff’s counsel’s declaration, it appears that Plaintiff attempted to utilize rule 3.214(a) to calculate attorney’s fees, but incorrectly calculated

1% of the excess over $100,000. (Solish Decl., ¶ 5.)

Plaintiff may file a request for dismissal of Does 11-20, a revised Form CIV-100, and a revised Form JUD-100 prior to the hearing, with courtesy copies delivered to Dept. 50. If the defects are corrected before the hearing, the Court will grant Plaintiff’s request and will sign the proposed judgment.

DATED: August 8, 2022 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court