Judge: Teresa A. Beaudet, Case: 24STCV10060, Date: 2025-05-09 Tentative Ruling

Case Number: 24STCV10060    Hearing Date: May 9, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

BACKGROUND

Plaintiff Irth Communications, LLC, (“Plaintiff”) filed this action on April 22, 2024, against Defendant Digital Dream Labs, INC. (“Defendant”) for the following causes of action: (1) Breach of Written Contract, (2) Open Book Account, (3) Account Stated, (4) Specific Performance, (5) Declaratory Relief, and (6) Quantum Meruit.

Plaintiff filed several requests for entry of default against Defendant, which were all rejected by the Court due to various issues with proof of service. On March 14, 2025, the Court entered default of Defendant. (March 14 CIV-100.) On April 7, 2025, Plaintiff filed a request for default judgment against Defendant. (April 7 CIV-100.)

DISCUSSION

            The Court notes that the name of the agent to whom the papers were served, appears to be misspelled as “Lisa Klein” when it should be “Lisa Kline.” (March 14 POS.) Nevertheless, the Court, in its discretion and for purposes of judicial efficiency, accepts the proof of service as valid.

In the default packet filed April 7, 2025, Plaintiff seeks $358,721.65 in total judgment. (April 7 CIV-100.) Andrew Haag, managing member of IRTH Communications LLC, summarized the case, identifying the parties and the nature of the action. (Haag Decl. pp. 2-5.) Request for dismissal as to Does 1 through 20 was filed and entered on April 8, 2025. (CIV-110.) The Court received the Proposed Judgment Form, indicating a total amount of $358,721.65, comprising $305,000.00 damages demanded in the Complaint; $47,713.67 in pre-judgment interest; $585.00 in costs; and $5,422.98 in attorney’s fees. (JUD-100.)

Interest computation is as follows: $305,000 damages in Complaint x 10 percent annually = $30,500 / 365 days in one year = $83.5616 per day x 571 days = $47,713.6736. (Haag Decl. ¶ 25.) Attorney’s fees computation are as follows: $305,000 damages in Complaint + $585 costs + $47,713.67 interest = $353,298.67 total - $100,000 = $253,298.67 x 1 percent = $2,532.9867 + $2,890 = $5,422.9867. (Local Rule of the Court, rule 3.214(a); Haag Decl. ¶ 27.) Memorandum of costs is as follows: $435.00 in filing fees + $150.00 in process server’s fees = $585.00. (CIV-100.)

There are no defects.

CONCLUSION

The Court GRANTS Plaintiff’s request for default judgment against Defendant.  No appearance at the hearing is required.

DATED: May 9, 2025

                                    ________________________________

Hon. Teresa A. Beaudet 

Judge, Los Angeles Superior Court