Judge: Upinder S. Kalra, Case: 22STCV13287, Date: 2022-08-29 Tentative Ruling

Case Number: 22STCV13287    Hearing Date: August 29, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   August 29, 2022                                             

CASE NAME:           Creditors Adjustment Bureau, Inc. v. Cielo Construction Company

CASE NO.:                22STCV13287

PLAINTIFF’S DEFAULT JUDGMENT

MOVING PARTY: Creditors Adjustment Bureau, Inc.

RESPONDING PARTY(S): None as of August 24, 2022.

REQUESTED RELIEF:

1.      An order granting default judgment

TENTATIVE RULING:

1.      Default Judgment is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On April 21, 2022, Plaintiff Creditors Adjustment Bureau, Inc., (“Plaintiff”) filed a complaint against Cielo Construction Company, a Corporation, aka Cielo Construction Company (“Defendant”.) The complaint alleged four causes of action based on breach of contract and account stated. Plaintiff alleges that the parties entered a written agreement, where Plaintiff would provide a workers compensation insurance policy to Defendant. Defendant has failed to pay the premium.

On July 6, 2022, Plaintiff filed a Request for Entry of Default, 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

Proof of Service of Process: Proof of Service was filed on 7/29/2022

Request for Entry of Default: CIV-100 was filed on 7/6/2022.

Prove Up: Plaintiff seeks entry of judgment against Defendant in the amounts shown below:

(1)        Demand of Complaint:           $ 43,663.07

(2)        Interest:                                   $ 1,961.44

(3)        Costs:                                      $ 592.28

(4)        Attorneys’ Fees:                      $ 1,200.00      

Total:                                                   $ 47,416.79

In support of Plaintiff’s request, the following documents have been submitted:

·         A brief summary of the case: The Declaration of Alexis Innis, the Collections Representative of State Compensation Insurance Fund, provides a brief summary of the matter.

·         Declarations or other admissible evidence in support of the judgment requested: Ex. 1 attached to the Declaration of Alexis Innis is the outstanding invoice.

·         Interest computations as necessary: Declaration of Michael Frischer indicates that the interest requested $1,961.44 is based on 10% per annum of the $43,663.07 from the default date of 2/25/2022 to 8/8/2022.

·         Memorandum of costs and disbursements: Paragraph 7 of form CIV-100 filed on 8/22/2022 indicates that the total of $592.28 is based on $435 in Clerk’s filing fees, $81.36 in process server’s fees, and $75.92 in e-filing fees.

·         Proposed form of judgment: Form JUD-100 was filed on 8/22/2022.

·         Dismissal of all parties against whom judgment is not sought: Form CIV-110 was filed on 8/22/2022.

·         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: N/A

·         Exhibits as necessary: Ex. 1 of the Declaration of Alexis Innis.

·         Request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.): Declaration of Michael Frischer requests $1,200. This is based on California Civil Code, attorneys’ fees are awarded either 1,200 for open book accounts or 25% of the principal obligation, whichever is less.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

            Default Judgment is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             August 29, 2022                      _________________________________                                                                                                                  Upinder S. Kalra

                                                                                    Judge of the Superior Court