Judge: Virginia Keeny, Case: 22VECV01088, Date: 2023-01-31 Tentative Ruling

Case Number: 22VECV01088    Hearing Date: January 31, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

Amount:        

Damages:              $32,659.57

Interest:                $2,407.55

Attorney Fees:      $0

Costs:                    $546.83

Total:                     $35,613.95

Plaintiffs Muse Lifestyle Group, LLC and Instalex Tile, Inc. filed a complaint against Defendants Hotel MFG, Inc. and Evan Derikoletis asserting causes of action for (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing (3) Intentional Misrepresentation (4) Negligent Misrepresentation (5) Conversion and (6) Constructive Trust.  Plaintiffs allege on March 18, 2022, Plaintiffs and Intstalex Tile, Inc. entered into a written contract with the Defendant MFG whereby Defendant would supply certain porcelain slabs to Plaintiffs in exchange for monetary consideration. Defendant breached the Muse and Instalex Contract by failing to deliver the said porcelain slaps within three-to-four weeks from the ordered date. Plaintiffs allege Defendant Evan Derikoletis to Plaintiffs that the slabs would be delivered by then.

Request for entry of judgment entered December 14, 2022. 

TENTATIVE RULING:  DENY

Plaintiffs provide two separate judgments per defendant. If Plaintiff is seeking judgment jointly and severally, it would make more sense to have one judgment form.

The declarations are missing the attachments. Plaintiff does not include evidence of payment of the $32,659.57.