Judge: William A. Crowfoot, Case: 22AHCV01384, Date: 2023-09-29 Tentative Ruling

Case Number: 22AHCV01384    Hearing Date: September 29, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

L.A. COMMERCIAL GROUP, INC.,

                   Plaintiff(s),

          vs.

 

EATNAKED.LA,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  22AHCV01384

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

September 29, 2023

 

 

 

 

          Plaintiff L.A. Commercial Group, Inc. filed this action against defendant Eatnaked.LA dba The Fernando Restrepo Store on December 23, 2022.  Plaintiff alleges Defendant owed Plaintiff’s assignor, Shamrock Foods, $25,513.35 on an open book account; Shamrock Foods then assigned the claim to Plaintiff. 

Plaintiff requests a default judgment of $38,439.89 consisting of $25,513.35 as demanded in the complaint, $8,29.67 for collection costs/general damages, $2,289.92 in interest at a rate of 18%, $551.55 in costs, and $1,155.40 in attorney’s fees. 

In Defendant’s contract with Shamrock Foods, Defendant promised to pay “cost of collection equal to a minimum amount of thirty-five percent, or the maximum amount allowed by law, whichever is lower, of the principal amount.”  However, Plaintiff’s complaint does not identify a specific amount for the requested “collection costs.”  Therefore, the Court can only grant a total judgment of $29,51.22.  (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1024.)  If Plaintiff wishes to pursue a greater amount in damages, the Court can vacate the default and Plaintiff may amend the complaint and serve it on Defendant. Otherwise, Plaintiff may submit a revised proposed judgment which reflects the lesser amount.

The hearing is continued to ________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse.  If Plaintiff elects to submit a revised proposed judgment, it must do so at least 10 days before the hearing.   

 

Dated this 29th day of September, 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.