Judge: Teresa A. Beaudet, Case: 22STCV19477, Date: 2023-01-19 Tentative Ruling
Case Number: 22STCV19477 Hearing Date: January 19, 2023 Dept: 50
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LOADED KITCHEN,
INC., et al., Plaintiffs, vs. KELLIE ANN PATRY, et al., Defendants. |
Case No.: |
22STCV19477 |
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Hearing Date: |
January 19, 2023 |
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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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Plaintiffs Loaded Kitchen, Inc. and Panecito
Bakery, Inc. (jointly, “Plaintiffs”) request that the Court enter default
judgment against Defendant Kellie Ann Patry. Plaintiffs seek judgment in the
total amount of $75,615.44, comprising $65,000.00 demanded in the Complaint, $5,093.15
in interest, $657.29 in costs, and $4,865.00 in attorney fees.
The Court notes a number of defects with the
submitted default judgment package.
First, no signatures appear below Items 3, 7, and 8 of the Request
for Court Judgment (Form CIV-100).
Second, Plaintiffs have submitted no
evidence proving up any amount of damages.
Third, Plaintiffs have not provided evidence of entitlement to
attorney fees. Attorney fees are recoverable “if allowed by statute or by the
agreement of the parties.” (Cal. Rules of Court, rule 3.1800(a)(9).) In
addition, the amount of attorney fees requested is in
excess of the schedule set forth in LASC rule 3.214(a).
Based on the foregoing, the Court denies
the request for default judgment without prejudice. The Clerk will discuss with
counsel a schedule for submitting a new default judgment package.
DATED: January 19, 2023 ________________________________
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court