Judge: Thomas D. Long, Case: 22STCV15660, Date: 2022-11-08 Tentative Ruling

Case Number: 22STCV15660    Hearing Date: November 8, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 11, 2022, Plaintiff Avalon Investments filed this action against Defendants Gerardo Noe Colunga Jr. and Joaquin Ramirez.  The Court entered default against Defendants on October 26, 2022.  Also on October 26, 2022, Plaintiff filed this request for entry of default judgment.

According to the CIV-100, Plaintiff seeks a judgment of $75.833.98, consisting of $60,240.00 in damages, $13,978.98 in prejudgment interest, $615.00 in costs, and $1,000.00 in attorney fees.

According to the JUD-100 proposed judgment, Plaintiff seeks a judgment of $75,833.98, consisting of $60,240.00 in damages, $13,978.98 in attorney fees, and $550.00 in costs.  The individual amounts total $74,768.98.

Plaintiff provides evidence supporting the $60,240.00 in damages arising from Defendants’ failure to pay rent pursuant to a lease and personal guaranty.  (Bekhrad Decl. & Exs. 1-2.)

Plaintiff provides the required prejudgment interest calculations and attorney fee calculations.  (Blanda Decl. & Ex. 1.)

The $615.00 in costs identified and verified in the CIV-100 are reasonable and allowable.

The proposed judgment is inconsistent with the CIV-100 and seeks an unsupported amount of attorney fees.  The proposed judgment should also state whether the Defendants are jointly and severally liable for the full amount.

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

An Order to Show Cause Re: Entry of Default Judgment is scheduled for 05/08/2023 at 08:30 AM in Department 48 at Stanley Mosk Courthouse (May 8, 2023).

Clerk to give notice.

         Dated this 8th day of November 2022