Judge Teresa A. Beaudet, Case 20STCV17232 2022-08-18 Tentative Ruling

PAUL BONAGURA, et al., Plaintiffs, vs. MALCOLM CHAMBERS, et al., Defendants.	Case No.:	20STCV17232
	Hearing Date:	August 18, 2022
	Hearing Time:	2:00 p.m.
	[TENTATIVE] ORDER RE: PLAINTIFFS’ REQUEST FOR DEFAULT JUDGMENT

Plaintiffs Paul Bonagura (“Bonagura”) and RWM Fiber Optics, Inc. (jointly, “Plaintiffs”) request entry of default judgment against Defendant Malcom Chambers (“Defendant”). Plaintiffs seek judgment in the total amount of $625,298.81, comprising $510,117.00 in special damages, $105,796.87 in interest, $8,049.14 in in attorney fees, and $1,335.80 in costs.

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

First, Plaintiffs do not appear to have served Defendant with the revised default judgment documents (or the prior default judgment package). Item 6 of the Request for Court Judgment form (Form CIV-100) still indicates that a copy of the Request was mailed on December 21, 2020.

Second, although Plaintiff now seeks $510,117.00 in special damages, Plaintiff’s supporting declaration filed on May 23, 2022 indicates that “[m]y damages certain that were lost to CHAMBERS as stated above are of $125,000, $27,539, and $17,500, totaling $170,039.” (Bonagura Decl., ¶ 27.) Plaintiff’s counsel’s declaration in support of the instant request states, “I believe CCP § 1029.8 allows treble damages on $170,039 = $510,117. If this is incorrect, please advise.” (Murrin Decl., ¶ 3.) Plaintiff’s eighth cause of action is for violation of Code of Civil Procedure section 1029.8. Subdivision (a) of Code of Civil Procedure section 1029.8 provides in pertinent part, “[a]ny unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license is required under Division 2 (commencing with Section 500) or any initiative act referred to therein…shall be liable to the injured person for treble the amount of damages assessed in a civil action in any court having proper jurisdiction. The court may, in its discretion, award all costs and attorney’s fees to the injured person if that person prevails in the action.” Pursuant to Code of Civil Procedure section 1029.8, subdivision (c), “[t]he additional damages provided for in subdivision (a) shall not exceed ten thousand dollars ($10,000).”

Third, Plaintiffs have not provided any legal authority for the unspecified “costs” totaling $300.00.

Accordingly, the Court denies Plaintiffs’ request for default judgment without prejudice. The Court will discuss further proceedings with Plaintiffs at the hearing.

Superior Court of California

County of Los Angeles

Department 50