Judge: Teresa A. Beaudet, Case: 19STCV39670, Date: 2023-05-25 Tentative Ruling

Case Number: 19STCV39670    Hearing Date: November 7, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

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) (“Rodney Swank”). Plaintiff seeks judgment in the total amount of $234,818.38, comprising $133,344.00 in damages, $55,560.00 in interest, $5,250.40 in costs, and $40,663.98 in attorney fees.

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

First, Plaintiff has not provided any authority for certain costs that are not allowable under Code of Civil Procedure section 1033.5 (i.e., costs for “Title Report” and “CourtCall.”) (See Item 7 of Plaintiff’s Request for Court Judgment.)

Second, Plaintiff filed a proposed judgment (Form JUD-100), but Items 5 and 6 of the proposed judgment are blank. In addition, the box next to Item 1 of the proposed judgment is not checked, and no box under “Judgment” is checked.

Third, Plaintiff submits the declaration of Matthew O. McGuffee, Plaintiff’s President. (McGuffee Decl., ¶ 1.) Mr. McGuffee states that “[o]n or about November 19, 2018, MNM entered into a written contract (the ‘Contract’) with DONALD D. SWANK, PEARL M. SWANK, DONALD D. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000; PEARL M. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000 (‘SWANK Defendants’) to provide the labor, services, equipment and/or materials necessary to complete repairs upon that certain parcel of land situated in the County of Los Angeles, State of California, said land described as 2474 Punte Del Este Drive, Hacienda Heights, CA.” (McGuffee Decl., ¶ 4.)

Thus, Plaintiff does not indicate that Rodney Swank is a party to the subject November 19, 2018 Contract. Rather, Mr. McGuffee states in his supporting declaration that “MNM believes the obligations of DONALD D. SWANK, PEARL M. SWANK, DONALD D. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000 and PEARL M. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000 transfer to RODNEY SWANK, SUCCESSOR TRUSTEE TO THE SWANK FAMILY TRUST DATED MAY 3, 2000 (DOE 10) as successor in interest. Defendant RODNEY SWANK is the legally adopted son of DONALD D. SWANK and PEARL M. SWANK. Therefore, MNM brought this action naming RODNEY SWANK, SUCCESSOR TRUSTEE TO THE SWANK FAMILY TRUST DATED MAY 3, 2000 (DOE 10) as a defendant considering his interest as a successor the Swank Family Trust and in the property located at 2474 Punte Del Este Drive, Hacienda Heights, CA 91745-4917.” (McGuffee Decl., ¶ 5.) However, Plaintiff does not provide any legal authority demonstrating how Rodney Swank is purportedly responsible for the damages allegedly owed in connection with the fifth cause of action for foreclosure of mechanics lien.[1]

Plaintiff simply states that he “believes” the obligations of “of DONALD D. SWANK, PEARL M. SWANK, DONALD D. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000 and PEARL M. SWANK, TRUSTEE OF THE SWANK FAMILY TRUST DATED MAY 3, 2000 transfer to RODNEY SWANK, SUCCESSOR TRUSTEE TO THE SWANK FAMILY TRUST DATED MAY 3, 2000 (DOE 10) as successor in interest.” (McGuffee Decl., ¶ 5.)

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

DATED:  November 7, 2023                          ________________________________

Hon. Rolf M. Treu

Judge, Los Angeles Superior Court