Judge: Thomas Falls, Case: 22PSCV00565, Date: 2022-10-24 Tentative Ruling

Case Number: 22PSCV00565    Hearing Date: October 24, 2022    Dept: R

CONSUMER PORTFOLIO SERVICES, INC., A CALIFORNIA CORPORATION vs LUIS ENRIQUE RUEDA (22PSCV00565)

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Plaintiffs’ APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff’s Application for Default Judgment is GRANTED, contingent upon an explanation of attorney fees during the hearing.

Background   

This is a contracts case. Plaintiff Consumer Portfolio Services Inc. alleges the following against Defendant Luis Enrique Rueda: Defendant purchased a vehicle from Plaintiff but has defaulted on his payments. Defendant owes Plaintiff $28,394.64.

On June 10, 2022, Plaintiff filed the instant action.

On June 15, 2022, Plaintiff served Defendant via personal service.

On July 19, 2022, default was entered against Defendant.

On July 2, 2022, Plaintiff filed the instant application for default judgment.

Discussion

Plaintiff seeks entry of default judgment against Defendant in the total amount of $32,495.26. The break-down is as follows:

Demand of complaint: $28,394.64

Interest: $2,366.72,

Costs: $493.90, and

Attorney Fees: $1,240.00.

Here, the only defect the court notes is that counsel has not explained whether it is recovering attorney fees based upon the local fee schedule or based upon billable hours. Rather than denying the application, the court requests Counsel to clarify the matter during the hearing.

Conclusion