Judge: Virginia Keeny, Case: 22VECV01049, Date: 2023-02-24 Tentative Ruling

Case Number: 22VECV01049    Hearing Date: February 24, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

Amount:                    

Damages:              $22,458.03                       

Interest:                $0

Attorney Fees:      $2,488.50

Costs:                    $4,207.85

Total:                     $29,154.38

On July 25, 2022, Plaintiff Sherwood Townhome HOA, Inc. filed a complaint against Silvia N. Veliz Chinchilla and Francisco Javier Miranda asserting causes of action for 1) Collection of Delinquent Assessment Debt Debt (Civ. Code §5650); 2) Breach of Contract; 3) Violations of Equitable Servitudes; 4) Common Counts: Open Book Account; and 5) Common Counts: Account Stated.

Plaintiff alleges Defendants were the record owners of the Subject Property from July 3, 2006 to November 30, 2021. During that time, Defendants and the property were subject to provisions of the Declaration, which included timely payment of assessments. Plaintiff alleges Defendants have failed to pay all regular assessments, CC&R fines, late fees, interest and collection costs duly levied and recorded, and presently owe $26,221.53 as of July 15, 2022.

Request for entry of default was entered December 1, 2022.

TENTATIVE RULING:  CONTINUE

Despite the court’s minute order of 1/25/23 Minute Order, directing counsel to submit the default package five court days before the hearing it was not submitted until February 23, one day before the hearing.  

Section 6b lists the Defendants under one address. Although mailing to the same place, it must list it out separately for each defendant and be mailed separately to each defendant.

The proposed judgment is not submitted on the JUD-100 form.

Plaintiff seeks $4,207.85 which includes $1,975.00 in investigative fees (Pacer, Title Search). However, Code of Civil Procedure section 1033.5(b)(2) bars recovery of investigation expenses in preparing the case for trial. (See also Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 77.) Moreover, Plaintiff seeks $732.25 for process server fees. However, the POS listed with the court total only $493.75.

Moreover, Plaintiff also requests attorney fees in excess of the amount provided in Local Rule 3.214. Plaintiff’s counsel contends Plaintiff has incurred $2,488.50 in attorneys’ fees to date. (Jahanian Decl. ¶¶2-5. However, Plaintiff has failed to demonstrate the work provided in obtaining the default should exceed the Local Rule amount. The Schedule provides Plaintiff’s counsel entitle to attorney fees in the amount of $1,063.74.