Judge: Yolanda Orozco, Case: 21STCV30408, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV30408    Hearing Date: September 22, 2022    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS GRANTED

 

BACKGROUND

 

On August 17, 2021, Plaintiff Robert T. Howard as an individual and as trustee of the Howard Exemption Trust and Ann A. Howard Survivor’s Trust filed a Complaint against Paul Kraus, Shannon Bradberry, and Does 1 through 100 for Breach of Contract.

 

Proof of Service for Defendant Paul Kraus was filed on January 18, 2022.

Proof of Service for Shannon Bradberry was filed on February 02, 2022.

 

Default was entered against Defendant Kraus on February 04, 2022.

 

Default was entered against Defendant Bradberry on March 07, 2022.

 

On March 21, 2022, Defense counsel appearing by limited scope represented to the Court that he would be filing a motion to set aside the defaults. (Min. Or. 03/21/22.) To date, no motion to set aside the defaults has been filed.

 

On July 06, 2022, Plaintiffs moved for Default Judgment. The request was denied on August 22, 2022 because the evidence cited was not supported by the evidence and Plaintiff had failed to submit JUD-100 form.

 

Does 1 to 100 were dismissed on July 06, 2022.

 

LEGAL STANDARD

 

CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)

Discussion

 

On August 22, 2022, the Court rejected Plaintiff’s request for Default Judgment because the amount requested was not supported by the evidence and Plaintiff had failed to submit the JUD-100 form. Having reviewed the evidence, the Court GRANTS Plaintiff’s request for Default Judgment.

 

Plaintiff seeks judgment against Defendants Paul Kraus and Shannon Bradberry in the amount of $175,341.69, consisting of: 

·       $153,218.00 in damages.

·       $10,642.44 in interest.

·       $10,331.25 in Attorney Fees

·       $1,150.00 in costs. 

 

  1. Damages 

Plaintiff alleges that between August 1, 2020, through June 30, 2021, Defendants breached the lease by failing to pay rent. (Howard Decl. ¶¶ 6, 11, Ex. 2, Ex. 3.) This resulted in a total loss of $141,218.00 for unpaid rent. (Id. at ¶ 12.) 

When Defendants vacated the residence on June 30, 2021, they failed to leave the premises in “good condition” per the lease and Plaintiff incurred costs of $12,000.00 for repairs and remediation. (Id. at ¶¶ 11, 12, Ex. 4 “Receipt of Repairs”.) 

Plaintiff has presented sufficient evidence that his total damages amounted to $153.218.00.

 

  1. Prejudgment Interest

 

Plaintiff is seeking prejudgment interest for the cost of repairs. (Howard Decl. 12.) 

Plaintiff calculated the interest at a 7.0% per annum: $141,218.00 divided by 365 times .07 equals $27.08 per day. (Howard Decl. ¶ 12.) 

Since rent was due in full no later than June 1, 2021, Plaintiff calculates that from June 2, 2021, to June 30, 2022, 393 days have passed. Accordingly: 363 x $27.08 equals $10,642.44 in interest.

 

  1. Attorney Fees and Costs

 

Since mediation did not result in a resolution, per the terms of the lease, Plaintiff is entitled to recover reasonable attorney’s fees. (Howard Decl. ¶ 8; Compl. Ex. 1 at ¶ 40.) 

Plaintiff’s counsel’s hourly rate is $375.00 per hour. Plaintiff’s counsel attaches an invoice showing the billable hours for this case and requests attorney fees in the amount of $12,743.50. (Howard Decl. Ex. 5.) 

Plaintiff’s counsel attached no proof that Plaintiff has paid $11,933.50 in attorney fees. Previously, the Court calculated that Plaintiff’s counsel only spent 25 hours and 33 minutes on the matter, amounting to fees in the total of $9,581.25. Adding $750.00 for the fees related to this motion, the in total attorney’s fees only amounts to $10,331.25 rather than the $12,743.50 requested. 

Since Plaintiff now only seeks $10,331.25 in attorney’s fees, the amount sought is proper and supported by the evidence submitted.    

Costs are listed as $1,150.00 and will be awarded. 

Conclusion
 

The Court GRANTS Plaintiff’s request for Default Judgment in the amount of $175,341.69 against Defendants Paul Kraus and Shannon Bradberry.

 

Plaintiff shall submit a proposed judgment.