Judge: Yolanda Orozco, Case: 22STCV19218, Date: 2022-09-09 Tentative Ruling

Case Number: 22STCV19218    Hearing Date: September 9, 2022    Dept: 31

REQUEST FOR DEFAULT JUDGMENT IS GRANTED

BACKGROUND

On June 13, 2022, Plaintiff Time’s Up Inc. dba Visstun filed a Complaint against One Culture Foods Inc. and Does 1 to 20. The Complaint alleges causes of action for:

1)         Reasonable Value;

2)         Account Stated; and

3)         Open Book Account.

The amount alleged to be owed by Defendant in the Complaint is $49,871.82 with an interest rate of 10% per annum from August 02, 2021, and attorneys’ fees under Code of Civil Procedure section 1717.5 in the sum of $1,200.00.

Proof of Service was filed on June 27, 2022.

Default was entered against Defendant One Culture Foods Inc on July 19, 2022.

Does 1 to 20 were dismissed on July 19, 2022.

DISCUSSION

Plaintiff seeks judgment against One Culture Foods Inc. in that amount of $56,119.72 costing of: $49,871.82 in damages, $4,554.00 in interest, $1,200.00 in attorney’s fees, and $493.90 in costs. 

Damages

Plaintiff’s statement of the case asserts that it has not received payment of $49,871.82, for packing material sold to Defendant. In support of the amount sought, Plaintiff submits the declaration of Katie Hamilton, the Account Manager for Plaintiff who provides evidence of business records kept in the usual and ordinary course of business reflecting the amount due. (Hamilton Decl. Ex. 1 “Account Summary.”)

Prejudgment Interest

Plaintiff’s counsel attests that the interest accruing on the principal due of $49,871.82, calculated at a rate of ten (10%) percent per annum from August 2, 2021, to July 19, 2022, is $4,554.00. Calculated as $49,871.82 multiplied by 10, divided by 12 times 11 or 330 days at a daily rate of $13.8. (Decl. of Louis Jacobs Re. Pre-Judgment Interest.)

Attorney Fees and Costs

Plaintiff’s counsel asserts that he is entitled to attorney’s fees based on a cause of action or open book account under Code of Civil Procedure section 1717.5 and local rule 3.214 and as the prevailing party by virtue of default.

Accordingly, Plaintiff’s counsel requests attorney’s fees in the sum of $1,200.00.

Conclusion

Sufficient evidence is presented to support Plaintiff’s request for Default in the sum of $56,119.72 against Defendant. Therefore request for default judgment in the amount of $56,119.72 is GRANTED. 

Plaintiff to give notice. 

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