Judge: Teresa A. Beaudet, Case: 23STCV30562, Date: 2024-10-01 Tentative Ruling
Case Number: 23STCV30562 Hearing Date: October 1, 2024 Dept: 50
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CIRCA 1200, LLC, Plaintiff, vs. DARIUS KENNEDY, et al., Defendants. |
Case No.: |
23STCV30562 |
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Hearing Date: |
October 1, 2024 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE] ORDER
RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT |
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Plaintiff Circa 1200, LLC (“Plaintiff”) requests
that the Court enter default judgment against Defendant Darius Kennedy
(“Kennedy”). Plaintiff seeks judgment in the total amount of $111,265.90, comprising
$99,712.22 demanded in the Complaint, $10,353.68 in interest, $1,006.00 in
costs, and $194.00 in attorney fees.
The Court notes a few defects with the
submitted default judgment package.
First,
Plaintiff filed a proof of service on April 12, 2024 indicating that the
summons and Complaint were served on Kennedy by mail and acknowledgment of
receipt of service, pursuant to Code of Civil Procedure
section 415.40. However, the proof of service does not indicate the date on
which the documents were served. (See April 12, 2024 proof of service,
Item 5(c)(1).) Pursuant to Code of Civil Procedure
section 415.40, “[a] summons may be served on a person outside this state
in any manner provided by this article or by sending a copy of the summons and
of the complaint to the person to be served by first-class mail, postage
prepaid, requiring a return receipt. Service of a summons by this form of
mail is deemed complete on the 10th day after such mailing.”
Second, Plaintiff’s counsel has not
submitted any declaration attesting to the amount of attorney’s fees
requested.
Based on the foregoing, the Court denies the request
for default judgment without prejudice. The Court will discuss with counsel a
schedule for submitting a new default judgment package.
DATED: October 1, 2024 ________________________________
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court