Judge: Upinder S. Kalra, Case: 19STCV30919, Date: 2022-09-22 Tentative Ruling
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Case Number: 19STCV30919 Hearing Date: September 22, 2022 Dept: 51
Tentative Ruling
Judge Upinder S.
Kalra, Department 51
HEARING DATE: September
22, 2022
CASE NAME: Alix
Kneifel, et al. v. Chris Hammond, et al.
CASE NO.: 19STCV30919
DEFAULT
JUDGMENT
MOVING PARTY: Plaintiff Alix Kneifel, et al.
RESPONDING PARTY(S): None as of August 3, 2022
REQUESTED RELIEF:
Entry of Default Judgment
TENTATIVE RULING:
OSC Re: Entry of Default Judgment is CONTINUED, to allow
Plaintiff to provide further documentation and clarification as to memorandum
of costs, interest calculation, and attorneys’ fees.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiffs Alix Kneifel and A. Kneifel $ Associates, Inc.,
(“Plaintiffs”) filed a complaint against Defendants Chris Hammond, Cobird,
Inc., Bluegreen Preservation and Development Company, LLC, and Does 1 through
100 (“Defendants”) on August 28, 2019. The complaint alleges four causes of
action based on negligence and breach of contract. Plaintiffs allege that
Defendants entered an employment contract but have since breached by failing to
pay for money owed.
On March 16, 2020, Plaintiff filed a Request for Entry of
Default as to Defendant Cobird, Inc., which was GRANTED.
On October 28, 2021, Plaintiff filed a Request for Entry of
Default as to Defendant Bluegreen Preservation and Development Company, LLC,
which was GRANTED.
On January 4, 2022, Plaintiff filed an Order for Publication
as to Defendant Chris Hammond, which was GRANTED.
On May 4, 2022, Plaintiff filed a Request for Entry of
Default as to Defendant Chris Hammond, which was GRANTED.
Legal Standard
CCP § 585 permits entry of a
judgment after a Defendant fails to timely answer following proper service of
process. A party seeking judgment on the default by the Court must file a
Request for Court Judgment, and provide: (1) a brief summary of the case; (2)
declarations or other admissible evidence in support of the judgment requested;
(3) interest computations as necessary; (4) a memorandum of costs and
disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties
against whom judgment is not sought; (7) a dismissal of all parties against
whom judgment is not sought or an application for separate judgment under CCP §
579, supported by a showing of grounds for each judgment; (8) exhibits as
necessary; and (9) a request for attorneys’ fees if allowed by statute or by
the agreement of the parties. (CRC Rule 3.1800.)
Discussion
The defaults as to all three Defendants have been entered,
as of May 4, 2022.
On May 9, 2022, the OSC Re: Entry of Default and Submission
of Default Judgment Packet indicated that the matter was continued to allow for
the default package to be submitted.
Discussion
Proof of Service of
Process: Proof of Publication as to Chris Hammond, Cobird, Inc., Bluegreen
Preservation and Development Company, LLC on 2/2/2022.
Request for Entry of
Default: CIV-100 was filed on May 4, 2022, which was GRANTED, as to Chris
Hammond
Prove Up: Plaintiff
eeks entry of judgment against Defendants Chris Hammon Cobird, Inc., in the
amounts shown below:
(1) Demand of
Complaint: $ 256,000.00
(2) Interest: $ 19,000.00
(3) Costs: $ 273.84
(4) Attorneys’
Fees: $ 14,000.00
Total: $
289,273.84
In support of Plaintiff’s, the following documents have been
provided:
The Attorney’s Fees calculated according to Local Rule 3.2
would follow the fee schedule as follows:
(A) From $0,01 to $ 1„000.00. 15% with a minimum of $75.00
(B) From $ 1,000.01 to $ 10,000.00, $ 150.00 plus 6% of the
excess over $ 1,000.00
(C) From $ 10,000.01 to $50,000.00, $690.00 plus 3% of the
excess over $ 10,000.00
(D) From $50,000.01 to $ 100,000.00, $ 1,890 plus 2% of the
excess over $ 50,000.00
(E) Over $100,000, $2,890 plus 1% of the excess over
$100,000.
Conclusion:
For
the foregoing reasons, the Court decides the pending motion as follows:
OSC Re:
Entry of Default Judgment is CONTINUED to allow Plaintiff to provide further
documentation and clarification as to memorandum of costs, interest rates and
attorney fees.
Moving party is to give notice.
IT IS SO ORDERED.
Dated: September
22, 2022 __________________________________ Upinder
S. Kalra
Judge
of the Superior Court