Judge: Teresa A. Beaudet, Case: 23STCV15757, Date: 2024-01-10 Tentative Ruling

Case Number: 23STCV15757    Hearing Date: January 10, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Plaintiff KC Jewelry, Inc. (“Plaintiff”) requests entry of default judgment against Defendants Zakaria Jewelry, Inc. and Khaled Fuad Zakaria aka Khaled Zakaria. Plaintiff seeks judgment in the total amount of $30,201.80, comprising $27,936.25 in damages, $503.84 in interest, $561.71 in costs, and $1,200.00 in attorney’s fees.

            The Court notes a few defects with the submitted default judgment package.¿

First, Plaintiff’s counsel states that “[a]ttorney’s fees requested in the within action are requested in the sum of $1,200.00, pursuant to Civil Code §1717.5(a), based on the Second Cause of Action of Plaintiff’s Complaint for Open Book Account.” (Tabibi Decl., ¶ 3.) The Court notes that Civil Code section 1717.5, subdivision (a) provides in part that “[i]f there is a written agreement between the parties signed by the person to be charged, the fees provided by this section may not be imposed unless that agreement contains a statement that the prevailing party in any action between the parties is entitled to the fees provided by this section.”

In the Complaint, Plaintiff alleges, inter alia, that “[b]etween in or about October 2019 and in or about September 2022, Plaintiff and Defendants Zakaria Jewelry, Zakaria OC, Khaled, Eva, Mary, Kamil, Ihab, Nasim, and Does 1 through 50, inclusive, and each of them, among other transactions, entered into a written agreement for the consignment of diamonds/jewelry goods from Plaintiff to Defendants Zakaria Jewelry, Zakaria OC, Khaled, Eva, Mary, Kamil, Ihab, Nasim,, [sic] and Does 1 through 100, inclusive, and each of them, having an agreed value of $28,286.25, for examination and inspection by prospective purchasers.” (Compl., ¶ 12.) However, Plaintiff does not appear to provide a copy of such written agreement or demonstrate that any such agreement “contains a statement that the prevailing party in any action between the parties is entitled to the fees provided by this section.” (Civ. Code, § 1717.5, subd. (a).)

Second, Plaintiff seeks interest from the dates of July 5, 2023 through October 6, 2023. (Youssian Decl., ¶ 13.) Plaintiff’s calculations appear to indicate that there are 94 days between July 5, 2023 and October 6, 2023. (Ibid.) However, there are 93 days between these dates.

Accordingly, the request for entry of default judgment is denied without prejudice. The Court will discuss with Plaintiff a schedule for resubmission of the default judgment package.

DATED:  January 10, 2024                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court