Judge: Teresa A. Beaudet, Case: 23STCV12941, Date: 2024-02-21 Tentative Ruling

Case Number: 23STCV12941    Hearing Date: February 21, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) requests entry of default judgment against Defendant Mystery Baking Company, LLC aka Mystery Baking Company. Plaintiff requests judgment in the total amount of $52,870.17, comprising $46,804.98 demanded in the Complaint, $3,680.28 in interest, $590.77 in costs, and $1,794.14 in attorney fees.

The Court notes one defect with the submitted default judgment package. Plaintiff submits the declaration of Doug Hewey, the Director, Billing and Accounts Receivable of Bay Alarm Company. (Hewey Decl., ¶ 1.)[1] Mr. Hewey states in his declaration that “[a] true and correct copy of the Defendant’s Statement of Account/Invoices reflecting the obligation owed by Defendant in the sum of $46,804.98 are attached hereto marked as Exhibit ‘2’ and incorporated herein by this reference as though fully set forth. I have reviewed the statements and invoices and it accurately reflects the current status of Defendant’s account and all unpaid invoices mailed to the Defendant…” (Hewey Decl., ¶ 5.) However, the first page of Exhibit 2 contains a “Balance” column that appears to list a total amount of $38,647.99. (Hewey Decl., ¶ 5, Ex. 2.) The attached invoices also appear to total $38,647.99. (Ibid.) As set forth above, Plaintiff seeks $46,804.98 in damages. It does not appear that any explanation has been provided regarding this discrepancy.

Accordingly, 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:  February 21, 2024                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court