Judge: Teresa A. Beaudet, Case: 19STCV39670, Date: 2023-02-27 Tentative Ruling


Case Number: 19STCV39670    Hearing Date: February 27, 2023    Dept: 50

 

Superior Court of California

County of Los Angeles

Department 50

 

M N M CONSTRUCTION SERVICES, INC.,

                        Plaintiff,

            vs.

DONALD D. SWANK, et al.,

                        Defendants.

Case No.:

19STCV39670

Hearing Date:

February 27, 2023

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE: 

 

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

 

           

Plaintiff M N M Construction Services, Inc. (“Plaintiff”) requests entry of default judgment against Defendant Rodney Swank, Successor Trustee to the Swank Family Trust Dated May 3, 2000 (Doe 10). Plaintiff seeks judgment in the total amount of $179,521.21,

comprising $133,344.00 in damages and $46,177.21 in interest.

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

First, Plaintiff has not filed a Request for Court Judgment (Form CIV-100). Pursuant to California Rules of Court, rule 3.1800, subdivision (a), “[a] party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105).” (Emphasis in original.)
            Second, Plaintiff has not submitted sufficient evidence to prove up the requested damages. Plaintiff solely submits the declaration of its counsel in support of the request (the Declaration of Anthony P. Niccoli). The Court does not find that Plaintiff’s counsel has demonstrated a foundation of personal knowledge to make most of the statements set forth in his declaration.

Third, Item 6(a)(2) of Plaintiff’s proposed Judgment (Form JUD-100) indicates that Plaintiff seeks $46,177.21 in interest. However, Mr. Niccoli’s Declaration asserts that the interest owed is $46,103.84. (Niccoli Decl., ¶ 14.) It is thus unclear how much interest Plaintiff seeks. In addition, if Plaintiff seeks $46,177.21 in interest, it is unclear how this amount was calculated.

Accordingly, the Court denies Plaintiff’s request for default judgment without prejudice. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package.

 

DATED:  February 27, 2023                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court