Judge: Teresa A. Beaudet, Case: 23STCV16983, Date: 2025-01-09 Tentative Ruling

Case Number: 23STCV16983    Hearing Date: January 9, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Brian Whitaker (“Plaintiff”) requests entry of default judgment against Defendant Byte to Bite (California), LLC. Plaintiff seeks judgment in the total amount of $9,710.32, comprising $4,000.00 in damages, $1,770.32 in costs, and $3,940.00 in attorney fees.

            The Court notes that the August 15, 2024 Order on Plaintiff’s previous request for default judgment provides, inter alia, as follows:

“The Court notes that in the June 18, 2024 Order on Plaintiff’s previous request for default judgment, the Court noted that ‘Plaintiff seeks $200.00 in ‘other’ unspecified costs. It is unclear if such unspecified costs are allowable under Code of Civil Procedure section 1033.5.” (June 18, 2024 Order at p. 1:19-20.) Plaintiff’s new request filed on June 26, 2024 still indicates that Plaintiff seeks $200.00 in “other” unspecified costs. (See Form CIV-100, Item 7(c).) It is still unclear if such unspecified costs are allowable under Code of Civil Procedure section 1033.5. Otherwise, Plaintiff has sufficiently supported his request with the submitted declarations and evidence.” (August 15, 2024 Order at p. 1:18-26.)

The Court notes that Plaintiff’s latest request for default judgment filed on December 9, 2024 indicates that Plaintiff seeks, inter alia, $200.00 in “other” costs for “Investigation Fees.” (See Form CIV-100, Item 7(c).) However, Plaintiff does not appear to demonstrate that “Investigation Fees” are allowable under Code of Civil Procedure section 1033.5. Moreover, the Court notes that Code of Civil Procedure section 1033.5, subdivision (b)(2) provides that “[t]he following items are not allowable as costs, except when expressly authorized by law:…(2) Investigation expenses in preparing the case for trial.” Plaintiff does not appear to cite to any legal authority authorizing his request for “Investigation Fees.”

Plaintiff may file a revised request for court judgment (Form CIV-100) and a revised proposed judgment (Form JUD-100) to address the above-referenced defect. If the foregoing defect is corrected before the hearing, the Court will grant Plaintiff’s request for default judgment.  Alternatively, Plaintiff may exclude the request for “Investigation Fees” and the Court will grant the request for default judgment.

DATED:  January 9, 2025                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court