Judge: Thomas D. Long, Case: 20STCV36335, Date: 2023-02-28 Tentative Ruling

Case Number: 20STCV36335    Hearing Date: February 28, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 5, 2021, Cross-Complainant Business Alliance Insurance Company (“BAIC”) filed a cross-complaint against Cross-Defendants Adi Moshe Sabag and Pure Home Remodeling Inc. for indemnity and declaratory relief.  On January 19, 2022, the Court entered default against both Cross-Defendants.  On May 3 and 24, 2022, the Court denied BAIC’s requests for entry of default judgment without prejudice.

On May 27, 2022, the Court denied another request for entry of default judgment without prejudice.  The Court stated, “Based on the evidence presented, the Court will enter a default judgment consisting of $5,694.40 in damages and $324.11 in costs.  If this is acceptable, BAIC is to submit a revised proposed default judgment.  BAIC must also dismiss Pure Home if it does not want to pursue a default judgment against Pure Home, or seek a judgment for which Adi Moshe Sabag and Pure Home are jointly and severally liable.”

On August 31, 2022, the Court again denied a request for entry of default judgment without prejudice because BAIC filed two proposed judgments.

On November 1, 2022, BAIC again filed two proposed judgments, each requesting a judgment of $6,018.51, consisting of $5,694.40 in damages and $324.11 in costs.  One proposed judgment is against Adi Moshe Sabag, and one proposed judgment is against Adi Moshe Sabag and Pure Home Remodeling, Inc., jointly and severally.

As the Court stated in its May 3, 2022 and August 31, 2022 orders, BAIC is not entitled to two judgments, which would double its recovery.  The Court will sign only one judgment.

The request for entry of default judgment against Adi Moshe Sabag is DENIED.

The request for entry of default judgment against Adi Moshe Sabag and Pure Home Remodeling, Inc., jointly and severally, is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

      Dated this 28th day of February 2023