Judge: Teresa A. Beaudet, Case: 21STCV11520, Date: 2022-10-26 Tentative Ruling
Case Number: 21STCV11520 Hearing Date: October 26, 2022 Dept: 50
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DANIEL CORTES MARTINEZ, Plaintiff, vs. TOTAL DESIGN, llc, et al., Defendants. |
Case No.: |
21STCV11520 |
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Hearing Date: |
October 26, 2022 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE] ORDER
RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT |
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Plaintiff Daniel Cortes Martinez (“Plaintiff”) requests entry of default
judgment against Defendants Total Design, LLC and Marc Nunez in the total
amount of $63,365.60, comprising $37,917.00 demanded in the complaint, $26,000.00
in attorney fees, and $1,448.60 in costs.
The
Court notes a few defects with the submitted default judgment package.
First, Plaintiff’s
counsel indicates that he expended a
total of 40 hours to date in connection with this matter. (Ryu Decl., ¶ 8.)
However, the Court notes that the time listed for the specified work performed
adds up to 37 hours. (Ryu Decl., ¶ 8.)
Second, Plaintiff seeks
$899.04 in “litigation costs and expenses.” Although Plaintiff provides
evidence regarding Plaintiff’s counsel’s expenses (Ryu Decl., ¶ 9, Ex. 1), it
is not clear whether the entirety of the requested $899.04 pertains to items allowable as costs under Code of
Civil Procedure section 1033.5.
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Plaintiff
may file revised Forms CIV-100 (specifying the allowable costs under section
1033.5) and a revised Form JUD-100 prior to the hearing or, if the forms are
not filed prior to the hearing, by a date set by the Court at the hearing. Once
the defects are corrected, the Court will grant Plaintiff’s request and will
sign the proposed judgment.
DATED:
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Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court