Judge: Teresa A. Beaudet, Case: 22STCV08573, Date: 2022-08-25 Tentative Ruling

Case Number: 22STCV08573    Hearing Date: August 25, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Plaintiff Putnam Leasing Company I, LLC (“Plaintiff”) requests that the Court enter default judgment against Defendant Simon Papukyan. Plaintiff seeks an award of $38,371.03

comprising $26,976.00 demanded in the complaint, $9,684.75 in interest, $511.00 in costs, and $1,199.28 in attorney fees.

The Court notes that Plaintiff seeks interest at an annual rate of 18%. (De La Torre Decl., ¶ 13.) Pursuant to LASC rule 3.206, “[i]f interest is requested in excess of the usury limitations of California Constitution Article XV, Section 1, proof must be presented of plaintiff’s exemption from the usury limitations unless an exemption has been pleaded in the complaint and admitted by the entry of default.” The Complaint does not appear to plead any exemption from the usury limitations and Plaintiff has not provided an explanation for its entitlement to any exemption.

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Therefore, the Court denies the request for default judgment without prejudice. The Court sets __________________ as the date for submitting a new default judgment package, with the hearing on the package on _______________, 22 at 10:00 a.m. in Dept. 50.

DATED:  August 25, 2022

                        ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court