Judge: Virginia Keeny, Case: 22VECV01049, Date: 2023-05-02 Tentative Ruling

Case Number: 22VECV01049    Hearing Date: May 2, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

Amount:        

Damages:              $ 22,458.03

Interest:                $ 0

Attorney Fees:      $ 3,208.50

Costs:                    $ 4,376.50

Total:                     $ 30,043.03

On July 25, 2022, Plaintiff Sherwood Townhomes HOA, Inc. filed a complaint against Defendants Silvia N. Veliz Chinchilla and Francisco Javier Miranda asserting causes of action for (1) Collection of Delinquent Assessment Debt (Civ. Code, § 5650); (2) Breach of Contract; (3) Violation of Equitable Servitudes; (4) Common Counts: Open Book Account; and (5) Common Counts: Account Stated. Plaintiff alleges the Defendants, who were the record owners of the Subject Property from July 3, 2006 to November 30, 2021, knew of the covenants, conditions, and restrictions on the subject property, including paying the Homeowners Association 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 April 27, 2023.

TENTATIVE RULING: GRANT IN PART

CCP 585 Declaration/Summary of Case (Bunnell Decl.)

Quitclaim Deed (Bunnell Decl., Exh. A)

Provision relating to assessment (Bunnell Decl., Exh. B)

Account Statement (Exh. C)

Trustee’s Deed Upon Sale (Exh. D)

The court notes, however, Plaintiff continues to see seek attorney fees in excess of the amount provided in Local Rule 3.214. Plaintiff’s counsel contends Plaintiff has incurred $3,208.50 in attorneys’ fees to date. (Jahanian Decl. ¶2, Exhs. A, B.) Counsel’s hourly rate is $360.00. (Jahanian Decl. ¶4.) Plaintiff has failed to demonstrate the work provided in obtaining the default should exceed the Local Rule amount of $1,063.74.  Plaintiff has also continued to seek excessive costs, including investigative costs and excessive filing fees. 

The court will sign the judgment provided the fees are reduced to $1063.74 and costs to $1592.25.