Judge: Teresa A. Beaudet, Case: 23STCV13959, Date: 2024-02-08 Tentative Ruling
Case Number: 23STCV13959 Hearing Date: February 8, 2024 Dept: 50
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MICHELLE PESCE, Plaintiff, vs. 1745 SAN YSIDRO
DRIVE, LLC, et al., Defendants. |
Case No.: |
23STCV13959 |
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Hearing Date: |
February 8, 2024 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE] ORDER
RE: PLAINTIFF’S REQUESTS FOR DEFAULT JUDGMENT |
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Plaintiff
Michelle Pesce (“Plaintiff”) requests entry of default judgment against Defendants
1745 San Ysidro Drive, LLC and Christian Toxboe (jointly, “Defendants”).
Plaintiff seeks judgment in the total amount of $159,174.20, comprising
$100,000.00 in damages, $55,228.32 in prejudgment interest, $3,442.28 in
attorney’s fees, and $503.60 in costs. Plaintiff also seeks interest at the
daily rate of $54.79 from January 11, 2024 to the date the judgment is entered.
The
Court notes a few defects with the submitted default judgment package.
First, Plaintiff states
that “[i]nterest has accrued on the principal balance of $100,000.00 at the
agreed rate of 20% interest.” (Pesce Decl., ¶ 5.) Pursuant to LA¿SC rule 3.206¿, “[i]f interest
is requested in excess of the usury limitations of ¿California
Constitution Article XV, Section 1¿, proof must be
presented of plaintiff’s exemption from the usury limitations unless an
exemption has been pleaded in the complaint and admitted by the entry of
default.” The Complaint does not appear to plead any exemption from the usury
limitations and Plaintiff has not provided an explanation for her entitlement
to any exemption.
Second, Item 2(f) of the
requests (Forms CIV-100) pertaining to both Defendants are blank. Thus, the
total amount sought is not listed in either request.
Third, this is an action on a promissory
note (Compl., ¶ 7, Ex. A), but Plaintiff has not provided the original of the note.
In lieu of the original, Plaintiff may also provide a declaration explaining
loss or unavailability, along with a proposed order to accept a copy in lieu of
the original. (Cal. Rules of Court, rule 3.1806; Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124.)
Accordingly,
the Court denies Plaintiff’s requests for default judgment without prejudice. The
Court will discuss with Plaintiff a schedule for resubmission of the default
judgment package.
DATED: February 8, 2024 ________________________________
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court