Judge: Teresa A. Beaudet, Case: 19STLC01640, Date: 2023-01-26 Tentative Ruling

Case Number: 19STLC01640    Hearing Date: January 26, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Gail Bleckman (“Plaintiff”) requests entry of default judgment against Defendant Ryan Katzenbach. Plaintiff seeks $3,121.45 in costs and a judgment that “Defendant Ryan Katzenbach is ordered to provide an accounting on all monies earned on the Amityville films from April 20, 2018 to ____________________ within 60 days of this order. In addition, Plaintiff is entitled to Judgment in the amount of $3,121.45 in costs, plus post-judgment interest at the legal rate of ten percent (10%) per annum until paid.”

As an initial matter, the Court denies Plaintiff’s request that the Court take judicial notice of a notice of entry of judgment in another case. The Court notes that the notice of entry of judgment was not provided with the request for judicial notice. Pursuant to Cal. Rules of Court, rule 3.1306, subdivision (c)¿, “[a] party requesting judicial notice of material under ¿Evidence Code sections 452¿ or 453 must provide the court and each party with a copy of the material.”

In addition, the Court notes a few defects with the submitted default judgment package. 

First, the Court notes that the “other” costs referenced in Item 7(c) of Plaintiff’s Request for Court Judgment in the amount of $921.45 appears to be an error, as the total amount of costs listed total $3,166.45, not $3,121.45. Based on paragraph 6 of Mr. Kernan’s Declaration, it appears Plaintiff intended to list $876.45 in Court reporter costs in Item 7(c) of the Request for Court Judgment. The Court also notes that pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(11), “[c]ourt reporter fees as established by statute” are allowable as costs. Plaintiff has not set forth any statute allowing court reporter fees here.

Second, the proposed Judgment contains a blank date as follows: “Defendant Ryan Katzenbach is ordered to provide an accounting on all monies earned on the Amityville films

from April 20, 2018 to ____________________ within 60 days of this order.” It is unclear if Plaintiff is seeking an accounting from April 20, 2018 to the date the Court enters judgment, or a different date. In addition, the proposed Judgment contains an incomplete sentence, as follows: “JUDGMENT IS HEREBY ENTERED in favor of Plaintiff Gail Bleckman on her Cause of Action for Accounting on which Defendant Ryan Katzenbach.”

            Third, Item 6(b)(1) of the Request for Court Judgment indicates that a copy of the Request was mailed on January 4, 2022. This appears to be an error, as the latest default judgment package was filed on January 4, 2023.

Based on the foregoing, the Court denies the request for default judgment without prejudice. The Court will discuss with counsel a schedule for submitting a new default judgment package.  

DATED:  January 24, 2023                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court