Judge: Thomas D. Long, Case: 24STCV10554, Date: 2025-05-23 Tentative Ruling

Case Number: 24STCV10554    Hearing Date: May 23, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 26, 2024, Plaintiff Rolebot Inc. filed this action against Defendant McKinsey CMO Group.  The Court entered default against Defendant on December 11, 2024.  The same day, Plaintiff filed a request for entry of default judgment.  On March 7, 2025, Plaintiff filed a proposed judgment.

Plaintiff seeks a judgment of $63,189.00, consisting of $51,450.00 in damages, $6,174.00 in prejudgment interest, $565.00 in costs, and $5,000.00 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 does not provide an authenticated copy of the contract or other evidence of its damages.  There is no declaration from anyone at Plaintiff to authenticate the contract or to attest to damages.  Instead, Plaintiff provides only a declaration from counsel that lists the amounts sought.

Plaintiff does not include the required prejudgment interest calculations.  (See California Rules of Court, rule 3.1800(a)(3).)

Plaintiff also does not provide evidence for his $5,000.00 in attorney fees.  Counsel’s declaration states only that they are “attorneys’ fees as specified in contracts.”  (Ishimatsu Decl. ¶ 5.)  According to the copy of the contract attached to the complaint, “Customer shall pay Rolebot’s costs of collection including, but not limited to all outside attorneys’ fees.”  (Complaint, Ex. A, ¶ 2.2.)  However, there is no evidence from which the Court can determine whether the requested amount of fees is reasonable.

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

The Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment is CONTINUED to August 22, 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 23rd day of May 2025