Judge: Teresa A. Beaudet, Case: 23STCV10057, Date: 2023-12-08 Tentative Ruling

Case Number: 23STCV10057    Hearing Date: December 8, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff 3 Legged Machine, Inc. d/b/a Blackberry Smoke (“Plaintiff”) requests entry of default judgment against Defendant Thunder on the Iron Range, LLC in the total amount of $47,265.54, comprising $32,200.00 in damages, $3,184.71 in interest, $968.33 in costs, and $10,912.50 in attorney’s fees.

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

First, Plaintiff checked Item 6(b) of the Request (Form CIV-100), but the date listed is “July XX, 2023.” Thus, it is unclear if and when the request was mailed.

Second, Plaintiff has not submitted sufficient evidence to prove up the requested damages. Plaintiff solely submits the declaration of its counsel in support of the request (the Declaration of John P. Cogger). Mr. Cogger states, for example, that “attached to the Complaint and attached here as Exhibit 2 is a copy of the Performance Contract…which governed Plaintiff’s performance at the music festival and Defendant’s Guarantee and obligations to pay Plaintiff the full amount of $60,000.” (Cogger Decl., ¶ 5.) Mr. Cogger also states that “Defendant made the initial deposit of $30,000 as contractually required. However, Defendant failed to pay the remaining balance of $30,000, the $1,000 for artist-supplied and carried production, and…the $1,200 for the catering budget.” (Cogger Decl., ¶ 7.) However, the Court does not find that Plaintiff’s counsel has demonstrated a foundation of personal knowledge to make such statements.

Third, Item 7(e) of Plaintiff’s Request (the Memorandum of Costs) states that Plaintiff seeks a total of $968.30 in costs. However, Item 2(d) of the Request states that Plaintiff seeks $968.33 in costs. (Underline added.)

Fourth, the end of Plaintiff’s name appears to be cut off in Item 5(a) of the Proposed Judgment (Form JUD-100).

Fifth, it does not appear that Plaintiff has sought to dismiss the 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, subd. (a)(7).)

Based on the foregoing, the Court denies Plaintiff’s request for default judgment without prejudice. Plaintiff to arrange schedule for resubmission of the default judgment package.

DATED:  December 8, 2023                          ________________________________

Hon. Rolf M. Treu

Judge, Los Angeles Superior Court