Judge: Virginia Keeny, Case: 22VECV00309, Date: 2022-08-22 Tentative Ruling

Case Number: 22VECV00309    Hearing Date: August 22, 2022    Dept: W

Amount:        

Damages:              $82,189.50

Interest:                $5,449.84

Attorney Fees:      $8,977.50

Costs:                    $658.65

Total:                     $97,275.49

On March 3, 2022, Plaintiff Archwood Builders & Development, Inc. filed a complaint against Defendants Basile Cabinets, Inc. and Gaetano Basile aka Guy Basile asserting causes of action for (1) Breach of Contract; (2) Money Lent; (3) Fraud – Promise Made Without the Intent to Perform; and (4) Conversion.

Plaintiff alleges Plaintiff and Defendant entered an agreement whereby the Basile Defendants offered to provide carpentry services, to supply all materials, and to perform all labor necessary to build various types of cabinets at the project for a total of $273,965. On October 26, 2021, Plaintiff gave Basile Defendants a check in the amount of $82,189.50 representing a deposit or advance payment to allow Basile Defendants to purchase the necessary materials to comply with their obligations under the Subcontract Agreement. Plaintiff alleges while Basile Defendants initially provided some limited information, they ultimately stopped communicating with Plaintiff and others, and did not comply with their obligations under the Subcontract Agreement. Beginning in January 2022, Plaintiff demanded Basile Defendants return the Deposit. To date, Basile Defendants have not repaid the Deposit.

Request for entry of default was entered on April 28, 2022.

TENTATIVE RULING: DENY AS TO THE REQUEST FOR ATTORNEY FEES IN EXCESS OF LOCAL ULE 3.214

Plaintiff has adequately supported its request for judgment and interest, except for the request for attorney fees.  Plaintiff requests attorney fees in excess of the amount provided in Local Rule 3.214. Plaintiff has not demonstrated the work provided in obtaining the default should exceed the Local Rule amount. Local Rule 3.214 provides default cases resulting in $50,000 to 100,000 yield $1,890 plus 2% of the excess over $50,000.00 in attorneys’ fees. Under Local Rule 3.214, $82,189.50 minus $50,000.00 equals $13,2189.5; 0.02 x $32,189.5= $2,533.79; $2,533.79 + $1,890 = $4,423.79.   Either plaintiff may advise the clerk in Department W that it submits on this tentative and the court will enter judgment with fees of $4,423.79, or plaintiff must submit an additional declaration justifying the higher amount sought.