Judge: William A. Crowfoot, Case: 23AHCV00109, Date: 2024-06-07 Tentative Ruling

Case Number: 23AHCV00109    Hearing Date: June 7, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ZEE MANAGEMENT CORPORATION,

                    Plaintiff(s),

          vs.

 

ZHIHAN LIU, et al.,

 

                    Defendant(s).

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     CASE NO.:  23AHCV00109

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

June 7, 2024

 

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Plaintiff Zee Management Corporation seeks a default judgment against defendant Peisheng Tong aka Peusheng Tong (“Defendant”) in the amount of $407,179.50, consisting of $308,602.10 as demanded in the complaint, $93,087.92 in interest, $513.46 in costs, and $4,976.02 in attorneys’ fees.

Plaintiff’s application is deficient because it does not provide the basis for recovering $4,976.02 in attorney fees. Paragraph 36 of the lease allows for reasonable attorney fees and costs, collectively not to exceed $1,000. Also, a party who does not attempt to mediate a dispute before resorting to court action is not entitled to recovery attorney fees. (Lease, ¶ 35A.) The Court is willing to grant a judgment of $402,203.48, which does not include Plaintiff’s calculated attorney fees. If this is acceptable, Plaintiff is ordered to submit a revised proposed judgment on Form JUD-100. Otherwise, Plaintiff is ordered to submit an explanation justifying the award of attorney fees.

The Court CONTINUES the hearing to August 6, 2024, at 8:30 a.m.

All revised/additional papers must be submitted no later than 5 court days before the hearing.

 

Dated this 7th day of June, 2024

 

 

 

 

       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.