Judge: Teresa A. Beaudet, Case: 23STCV26093, Date: 2024-04-11 Tentative Ruling

Case Number: 23STCV26093    Hearing Date: April 11, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Plaintiff South American Global Shipping & Transport, Inc. (“Plaintiff”) requests entry of default judgment against Defendant Aurelio Soto dba Mia’s Flowers Wholesale. Plaintiff seeks judgment in the total amount of $41,307.89, comprising $36,763.39 in damages, $2,819.60 in interest, $524.90 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 “attorney’s fees are requested pursuant to California Civil Code § 1717.5(a)…” (Krantz Decl., ¶ 5.) 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 in this action, Plaintiff alleges, inter alia, that “[t]his court is the proper court because…a defendant entered into the contract here.” (Compl., ¶ 7(a).) In connection with the instant request, Plaintiff does not appear to provide evidence regarding whether there is a written agreement between the parties, and if so, whether 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).) Thus, the Court is unable to determine whether the requested attorney’s fees are warranted here under Civil Code section 1717.5.

Second, on the second page of the proposed judgment (Form JUD-100), the box for “The Clerk” is checked instead of the box for “The Court.”

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:  April 11, 2024                                ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court