Judge: William A. Crowfoot, Case: 22AHCV00595, Date: 2023-08-25 Tentative Ruling


Case Number: 22AHCV00595    Hearing Date: August 25, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

UNIVERSAL SHOPPING PLAZA,

                   Plaintiff(s),

          vs.

 

SIMON LEE & ASSOCIATES,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00595

 

[TENTATIVE] ORDER RE: DEFAULT PROVE-UP HEARING

 

Dept. 3

8:30 a.m.

August 25, 2023

 

 

 

 

          Plaintiff Universal Shopping Plaza (“Plaintiff”) seeks a default judgment against defendants Simon Lee & Associates and SLA Architects Inc. (collectively, “Defendants”) for unpaid rent.  The application for default judgment is deficient because Plaintiff’s complaint prayed “[f]or damages in an amount no less than $60,000.00 for back rent and other charges according to proof at time of trial.”  (Compl., 3:21.)  Therefore, Plaintiff’s request for a default judgment with $63,226.18 in damages exceeds the amount which Defendants were given notice of.

          Also, Plaintiff requests $6,635.50 for attorney fees instead of calculating attorney fees for default cases according to Local Rule 3.214.  This is not a contested case and Plaintiff’s counsel declaration does not include any billing entries for work that is out of the ordinary for a default judgment.  Therefore, the Court only grants a reduced award of $3,799.04 in attorney fees as provided by Local Rule 3.214.  The hearing on the application for default judgment is continued to _______.  Plaintiff is to submit a proposed order 10 days before the hearing reflecting the Court’s reduced judgment or, in the alternative, provide an explanation for why a greater amount is warranted. 

Dated this 25th day of August, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.