Judge: Thomas D. Long, Case: 21STCV34339, Date: 2023-11-13 Tentative Ruling


Case Number: 21STCV34339    Hearing Date: November 13, 2023    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ELHAM KHORSANDI, et al.,

                        Plaintiff,

            vs.

 

STAR DER PARSEGHIAN, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV34339

 

[TENTATIVE] ORDER DENYING PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

Dept. 48

8:30 a.m.

November 13, 2023

 

On September 17, 2021, Plaintiffs Elham Khorsandi and Sam S. Khorsandi filed this action against Defendants Star Der Parseghian and Star DP Design, Inc.  On August 3, 2022, the Court entered default against Defendants.

On November 6 and 7, 2023, Plaintiffs filed a request for entry of default judgment.

Plaintiffs seek a judgment of $21,749.79, consisting of 17,726.00 in damages, $2,789.64 in prejudgment interest, and $1,234.15 in costs.

The claimed costs are reasonable and allowable.  The prejudgment interest is also appropriate based on the claimed damages.

Plaintiff’s damages consist of the $14,000.00 deposit they paid to Defendants for floor installation that never occurred, plus fees for “18 extra months of storage fees for the furnishings which were removed from the area to be tiled, all due to Defendants’ failure to perform as represented.”  (Khorsandi Decl. ¶ 8.)

The Complaint prays for return of the $14,000.00 deposit, plus “[a]dditional storage costs incurred by Plaintiffs.”  Plaintiffs do not plead an amount of damages for the storage costs.  The Court cannot award more in a default judgment than the amount demanded in the complaint.  (Code Civ. Proc., § 580, subd. (a).)  In order to receive a damages award in excess of $14,000.00, Plaintiffs must file and serve an amended complaint alleging the total amount of economic damages and obtain a new entry of default on the amended complaint.  (See Electronic Funds Solutions, LLC v. Murphy (2005) 134 Cal.App.4th 1161, 1173-1174.)  Alternatively, Plaintiffs may submit a new request for entry of default judgment that excludes the unpleaded storage damages.

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

An Order to Show Cause Re: Entry of Default Judgment is scheduled for 03/14/2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

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 13th day of November 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court