Judge: Teresa A. Beaudet, Case: 22STCV15736, Date: 2023-01-13 Tentative Ruling

Case Number: 22STCV15736    Hearing Date: January 13, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Long Beach Victoria Group, LLC (“Plaintiff”) requests entry of default judgment against Defendant Sargis Khachatryan. Plaintiff seeks judgment in the total amount of $328,481.52, comprising $299,300.00 demanded in the Complaint, $23,358.27 in interest, $558.25 in costs, and $5,265 in attorney fees.  

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

First, there is no allegation of any amount of damages in the Complaint. “A complaint…shall contain…the following:…(2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.” (Code Civ. Proc., § 425.10, subd. (a).) Code of Civil Procedure section 580, subdivision (a) “limits a trial court’s jurisdiction to grant relief on a default judgment to the amount stated in the complaint.” (Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968.) In addition, although Plaintiff seeks interest in the instant request, the Complaint does not allege that Plaintiff is entitled to interest.

Second, Item 1(a) of the Request for Court Judgment (Form CIV-100) incorrectly indicates that the Complaint in this action was filed on June 6, 2022. The Complaint was filed on May 11, 2022. 

Third, the declaration of Shira Zaghi filed in support of the request attaches as Exhibit A to the declaration a copy of the subject Retail Fuel Facility Lease and amendments to the lease. (Zaghi Decl., ¶ 2, Ex. A.) The Court notes that the copy of the lease provided is not signed by the Landlord. (Ibid.)

Fourth, Paragraph 12 of Ms. Zaghi’s declaration asserts that Defendant owes Plaintiff a principal amount of $299,300.00 (Zaghi Decl., ¶ 12.) However, the amounts set forth in subdivisions (a)-(c) of paragraph 12 of the declaration add up to $298,665.00, not $299,300.00. In addition, Ms. Zaghi indicates that as of the date of her declaration (October 31, 2022), Defendant owes Plaintiff $114,300 in unpaid rent from April 1, 2021 through October 31, 2021, or “19 months x $6,350.” (Zaghi Decl., ¶ 12(b).) The Court notes that April 1, 2021 to October 31, 2021 is not a total of 19 months. In addition, Exhibit E to Ms. Zaghi’s declaration, a “Notice to Pay and Remove Gas Tanks,” states that the balance of base rent owed by Defendant is $69,850. (Zaghi Decl., ¶ 12, Ex. E, p. 1.) It is also unclear how Plaintiff calculated the requested $5,715.00 in late fees. (Zaghi Decl., ¶ 12(c).)

Fifth, Item 7 of Plaintiff’s Request for Court Judgment (the Memorandum of Costs) lists $11.25 for “Court Transaction Fees.” The Court notes that it is unclear what such transaction fees pertain to, and whether they are thus allowable under Code of Civil Procedure section 1033.5. 

Sixth, Plaintiff has not sought to dismiss doe defendants. A party seeking a default judgment must file “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment . . .”  (Cal. Rules of Court, rule 3.1800(a)(7).)

Lastly, it is unclear what Plaintiff’s counsel’s hourly billing rate is, as Plaintiff’s counsel indicates in her declaration that her hourly rate is both $400 and $450. (Martin Decl., ¶¶ 5, 6.) Plaintiff’s counsel indicates that she spent a total of 11.7 hours on this case. (Martin Decl., ¶ 6.) If Plaintiff’s counsel’s hourly rate is $400, $400 x 11.7 equals $4,680.00, an amount less than the requested $5,265.00 in attorney’s fees.

Accordingly, 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:  January 13, 2022                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court