Judge Theresa M. Traber, Case Number: 22STCV12415, Date: 2023-10-27 Tentative Ruling

Judge: Theresa M. Traber, Case: 22STCV12415, Date: 2023-10-27 Tentative Ruling

Case Number: 22STCV12415 Hearing Date: October 27, 2023 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE: October 27, 2023 TRIAL DATE: NOT SET

CASE: Bank of the West v. Ridgewood International, Inc. et al

CASE NO.: 22STCV12415

MOTION FOR ENTRY OF JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 644

MOVING PARTY: Plaintiff Bank of the West

RESPONDING PARTY(S): No response on eCourt as of 10/23/23

CASE HISTORY:

· 04/13/22: Complaint filed.

· 09/02/22: General Reference Ordered.

· 08/22/23: Statement of Decision Entered

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a breach of contract action. Plaintiff seeks to recover a principal of $749,499.42 for a loan on which Plaintiff alleges Defendants defaulted.

Plaintiff moves for entry of judgment pursuant to Code of Civil Procedure §644.

TENTATIVE RULING:

Plaintiff’s motion for entry of judgment is GRANTED.

Judgment is entered this date for Plaintiff and against Defendant in the amount of $891,356.37, plus $58,160 in attorney’s fees and $44,026.08 in costs, for a total award of $993,542.45, for which Defendants shall be jointly and severally liable.

DISCUSSION:

Plaintiff moves for entry of judgment pursuant to Code of Civil Procedure § 644.

Code of Civil Procedure section 644(a) provides that, “[i]n the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.” (Code Civ. Proc. § 644(a).) Under Local Rule 3.9(c), a prevailing party must file a noticed motion requesting the Court issue judgment consistent with the report of the referee. (Super. Ct. L.A. County, Local Rules, Rule 3.9(c).)

On September 2, 2022, this Court ordered a general reference of this action pursuant to an agreement by the parties under Code of Civil Procedure section 638. (September 2, 2023 Minute Order.) On August 22, 2023, Plaintiff filed a Notice of Entry of Referee’s Statement of Decision, which incorporated the August 21, 2023 Statement of Decision finding in favor of Plaintiff and against Defendants in the amount of $891,356.37, jointly and severally, plus attorney’s fees and costs to be determined. (Notice of Entry of Referee Statement of Decision.) Plaintiff states that following briefing on the proper amount of attorney’s fees and costs, the referee issued an Amended Statement of Decision dated September 14, 2023, awarding Defendant an additional $58,160 in attorney’s fees and $44,026.08 in costs, for a total award of $993,542.45. (Declaration of Wayne Terry ISO Mot. Exh. 3.) Plaintiff has provided the Court with a proposed judgment consistent with the Amended Statement of Decision. (Id. Exh. 4.)

As Plaintiff’s filings all appear in order, Plaintiff’s request for entry of judgment is granted.

CONCLUSION:

Accordingly, Plaintiff’s motion for entry of judgment is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: October 27, 2023 ___________________________________

Theresa M. Traber

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.