Judge: Teresa A. Beaudet, Case: 23STCV11887, Date: 2023-12-11 Tentative Ruling

Case Number: 23STCV11887    Hearing Date: March 14, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Midway Rent a Car, Inc., a California Corporation dba Midway Fleet Leasing dba Midway Leasing dba Midway HFCA LLC (“Plaintiff”) requests entry of default judgment against Defendant Jennifer Timario aka Jennifer Enriquez in the total amount of $83,700.22, comprising $77,935.05 in damages, $2,818.47 in interest, $498.00 in costs, and $2,448.70 in attorney’s fees. (See Request for Court Judgment filed September 20, 2023.)

On December 11, 2023, the Court issued a minute order on Plaintiff’s request for default judgment, providing, inter alia, as follows:

“Plaintiff submits the Declaration of Kevin Hy in support of the request. Mr. Hy asserts that “Plaintiff is entitled to Attorney Fees in the amount of $2,448.70 per Exhibit 5 & 6 @ par. 11 ‘…the prevailing party is entitled to all costs and [sic] incurred in the action, including attorney fees...’” (Hy Decl., ¶ 9, emphasis omitted.) The Court notes that it is unable to locate this language in Exhibits 5 or 6 attached to the Hy Declaration. Plaintiff does not appear to cite any additional contractual provision purportedly authorizing attorney’s fees here. Pursuant to the request of plaintiff, the Status Conference Re: Review of Default Judgment scheduled for 12/11/2023 is continued to 03/14/2024…”

            On March 12, 2024, Plaintiff filed a supplemental declaration of Kevin Hy. Mr. Hy asserts in his supplemental declaration that “Plaintiff is entitled to reasonable attorney fees and costs pursuant to Exhibits 1 & 2, at paragraph 25 C. (3)…” (Suppl. Hy Decl., ¶ 3, emphasis omitted.) Paragraph 25(C)(3) of the subject California Motor Vehicle Lease Agreements provide, inter alia, “Early Termination Liability is calculated as follows:…(3) Any reasonable court costs; attorneys’ fees and other collection costs that we pay to recover, store, and sell the Vehicle, unless prohibited by law…” (Suppl. Hy Decl., ¶¶ 3, Exs. 1-2.) However, Plaintiff does not appear to provide any evidence demonstrating that it incurred attorneys’ to recover, store, and sell the subject vehicle(s).

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

DATED:  March 14, 2024                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court