Judge: Thomas D. Long, Case: 21STCV33923, Date: 2024-12-03 Tentative Ruling

Case Number: 21STCV33923    Hearing Date: December 3, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 14, 2021, Plaintiff Leo Cordova filed this action against Defendants Long Spring Freight LLC, A&D Hauling Services, and Vincent Huei.  The Court has entered default against A&D Hauling Services (October 20, 2021), Vincent Huei (October 20, 2021), and Long Spring Freight LLC (August 19, 2024).

On November 1, 2024, Plaintiff filed this request for entry of default judgment.

Plaintiff seeks a judgment of $1,687,536.51, consisting of $500,000.00 in damages, $1 million in punitive damages, $3,154.68 in prejudgment interest, $721.83 in costs, and $183,660.00 in attorney fees.

“‘Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.’  [Citation].”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.)  “[T]he plaintiff must affirmatively establish his entitlement to the specific judgment requested.” (Id. at p. 287.)

Plaintiff’s declaration does not support $500,000.00 in damages.  Plaintiff was able to find a new job in January 2021 and was out of work for only three months.  (Cordova Decl. ¶ 12.)  Based on his earnings of $4,600 to $4,800 per month when working for Defendants, Plaintiff calculates his lost past earnings to be $14,400.00.  (Cordova Decl. ¶ 12.)  This amount is supported by the evidence.  For the remainder of the damages, Plaintiff requests $485,600.00 in emotional distress damages “for everything that Defendants have put [him] through” and “[b]ecause [he is] now constantly living with anxiety and depression about the situation.”  (Cordova Decl. ¶ 14.)  Plaintiff has experienced “repeated instances of severe stress, lack of sleep, crying, and feelings of severe anxiety,” and he has received medical treatment.  (Cordova Decl. ¶ 13.)  This is insufficient to warrant $485,600.00 in emotional distress damages.

Plaintiff requests $1 million in punitive damages.  “An award of punitive damages hinges on three factors: the reprehensibility of the defendant’s conduct; the reasonableness of the relationship between the award and the plaintiff’s harm; and, in view of the defendant’s financial condition, the amount necessary to punish him or her and discourage future wrongful conduct.”  (Kelly v. Haag (2006) 145 Cal.App.4th 910, 914.)

Plaintiff does not provide evidence of Long Spring Freight LLC’s or A&D Hauling Services’s financial condition.  For Vincent Huei, Plaintiff “[is] familiar with Defendant Vincent’s personal financial condition based on what [he] observed and what he told [him].”  (Cordova Decl. ¶ 16.)  According to Plaintiff, Vincent Huei “comes from a wealthy family in China and has done well in his family business,” helped his wife start a new business with money brought over from China, and gave significant funds to other family members to start businesses.  (Cordova Decl. ¶ 16.)  This information is hearsay.  He also provides a property report for real property that Vincent Huei sold for $948,000 in August 2021.  This is insufficient to show Vincent Huei’s financial condition now in December 2023.

Plaintiff requests $166,940.00 in attorney fees for litigating this case.  Plaintiff requests an additional $16,720.00 (38.5 hours) in attorney fees for drafting the default judgment papers, which is grossly excessive for a simple default judgment package with only one relevant exhibit.  Based on the amount of damages currently sought ($1.5 million, although this amount is unsupported), a reasonable amount of attorney fees is $16,890.00, “unless otherwise determined by the court.”  (LASC Local Rules 3.207, 3.214(a).)  Plaintiff’s chart of attorney rates and number of hours is insufficient for the Court to determine what other amount of attorney fees would be reasonable.

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.

An Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment is scheduled for June 3, 2025 at 8:30 a.m.

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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 3rd day of December 2024