Judge: Teresa A. Beaudet, Case: 24STCV00679, Date: 2024-08-02 Tentative Ruling
Case Number: 24STCV00679 Hearing Date: August 2, 2024 Dept: 50
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TIMOTHY D.
REUBEN, INC., a California professional corporation, d/b/a REUBEN RAUCHER
& BLUM, Plaintiff, vs. MICHAEL WINTER, et al., Defendants. |
Case No.: |
24STCV00679 |
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Hearing Date: |
August 2, 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
Timothy D. Reuben, Inc., a California professional corporation, d/b/a Reuben
Raucher & Blum (“Plaintiff”) requests entry of default judgment against Defendants
Michael Winter, Federal Street Holdings, LLC, Van Ness Partners I LLC, and RN
Management, LLC. Plaintiff requests judgment in the total amount of $80,104.73,
comprising $75,367.53 in damages, $855.00 in costs, and $3,882.20 in
interest.
The
Court notes one defect with the submitted default judgment package.
In the supporting
Declaration of Stephen L. Raucher, Mr. Raucher states that
“Defendants’ balance as of September 30, 2021 was $61,234.82.” (Raucher
Decl., ¶ 28, emphasis added.) However, Mr. Raucher also states that “[i]n
total, Defendants contributed only $47,399.01 in payments, while NAI paid
$217,297.06. In total, $264,696.07 was paid out of the $340,063.60 owed to RRB,
leaving a balance of $75,367.53 owing as of October 31, 2023.” (Raucher
Decl., ¶ 29, emphasis added.) In addition, Plaintiff’s case summary asserts
that “Defendants defaulted on their obligation to pay Plaintiff’s fees, leaving
$61,234.82 of legal services rendered and costs advanced by RRB unpaid.”
(Plaintiff’s Case Summary at p. 3:14-16.) Thus, it is unclear what amount of
damages is owed. Although Plaintiff seeks $75,367.53 in damages in connection
with the instant request, Plaintiff appears to state that only $61,234.82 is
owed.
In
addition, Mr. Raucher states that “RRB ceased performing all legal services
by August 31, 2021,” and that “Defendants’
balance as of September 30, 2021 was $61,234.82.” (Raucher Decl., ¶¶ 28-29.)
Thus, it is unclear why Plaintiff asserts that $75,367.53 is owed if Defendants’
balance as of September 30, 2021 was $61,234.82. (Ibid.)
Based
on the foregoing, the Court denies Plaintiff’s request for default judgment
without prejudice. The Court will discuss with Plaintiff a schedule for
resubmission of the default judgment package.
DATED: August 2, 2024 ________________________________
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court