Judge: Teresa A. Beaudet, Case: 24STCV18408, Date: 2025-02-13 Tentative Ruling

Case Number: 24STCV18408    Hearing Date: February 13, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Collect Access LLC (“Plaintiff”) requests entry of default judgment against Defendant Charles Roberts aka Chuck Roberts, an individual d/b/a Father & Son Tree Service. Plaintiff seeks judgment in the total amount of $131,211.37, comprising $97,987.52 in damages, $29,766.73 in interest, $2,869.88 in attorney’s fees, and $587.25 in costs.   

The Court notes a few defects with the submitted default judgment package.

First, Plaintiff asserts that it “is entitled to recover from Defendants interest on the outstanding balance accruing at the contractual rate of Twenty Four Percent (24%) per annum from the date of breach, August 31, 2023.” (Essa Decl., ¶ 7.) Pursuant to LA¿SC rule 3.206¿, “[i]f interest is requested in excess of the usury limitations of ¿California Constitution Article XV, Section 1¿, proof must be presented of plaintiff’s exemption from the usury limitations unless an exemption has been pleaded in the complaint and admitted by the entry of default.” The Complaint does not appear to plead any exemption from the usury limitations and it does not appear that Plaintiff has provided an explanation for its entitlement to any exemption.¿¿

Second, Plaintiff’s counsel states that “attorneys’ fees are calculated pursuant to LASC Local Rule 3.214.” (Zee Decl., ¶ 7.) However, it is unclear how Plaintiff calculated the amount of $2,869.88 in requested attorney’s fees. It appears that $2,849.75 in attorney’s fees are recoverable per LASC rule 3.214.

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:  February 13, 2025                    ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court