Judge: Teresa A. Beaudet, Case: 22STCV30819, Date: 2023-04-06 Tentative Ruling

Case Number: 22STCV30819    Hearing Date: April 6, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Andrea Campos (“Plaintiff”) requests entry of default judgment against Defendants Sabina Arezou Manians (“Manians”), Seyed Abbas Hosseini (“Hosseini”), and Rasht LLC (“Rasht”) in the total amount of $232,330.32, comprising $176,690.00 demanded in the Complaint, $13,552.00 in interest, $881.82 in costs, and $41,206.50 in attorney’s fees.  

The Court grants Plaintiff’s request for judicial notice as to Exhibits 1 and 2.

As an initial matter, the Court notes that on March 30, 2023, the Court granted Manians and Hosseini’s motion to set aside the entry of default against them. Thus, the Court denies Plaintiff’s instant request for default judgment as to Manians and Hosseini. Rasht’s motion to set aside default was denied. (See Court’s March 30, 2023 Minute Order.)

            The Court notes a few defects with the submitted default judgment package as to Rasht.   

            First, Item 6(b) of the Request for Court Judgment (Form CIV-100) indicates that the request was served on Ira Nasserian, Esq. However, it is unclear that Mr. Nasserian represents Rasht. Rasht filed an answer to the Complaint on December 19, 2022 that does not indicate that Mr. Nasserian is Rasht’s counsel. It does not appear that any substitution of attorney has been filed as to Rasht. 

Second, Plaintiff seeks $100.00 in costs for “Copies & Postage.” The Court notes that pursuant to Code of Civil Procedure section 1033.5, subdivision (b)(3), “[t]he following items are not allowable as costs, except when expressly authorized by law…(3) Postage, telephone, and photocopying charges, except for exhibits.” Plaintiff has not provided any legal authority demonstrating that the requested costs for “Copies & Postage” are allowable.

Based on the foregoing, the Court denies Plaintiff’s request for default judgment as to Manians and Hosseini. The Court denies Plaintiff’s request for default judgment without prejudice as to Rasht. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package as to Rasht.

DATED:  April 6, 2023                                 

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court