Judge: Yolanda Orozco, Case: 22STCV19390, Date: 2022-10-13 Tentative Ruling
Case Number: 22STCV19390 Hearing Date: October 13, 2022 Dept: 31
REQUEST FOR ENTRY
OF DEFAULT JUDGMENT IS GRANTED
BACKGROUND
On June 14, 2022, Plaintiff National Commercial
Recovery Ind. d/b/a Blair Smith and Associates filed a Complaint again
Defendant Salvador H. Ruiz d/b/a Enri’s Wholesale Flowers; and Does 1 to 10 for
1) Open Book Account; 2) Goods sold and delivered; 3) Account Stated.
Proof of Service for Defendant Salvador Ruiz was filed
on June 27, 2022.
Default was entered against Defendant Salvador Ruiz on
August 08, 2022.
Does 1 to 100 were dismissed on September 08, 2022.
On September 09, 2022, Plaintiff moved for Default
Judgment.
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 attorney’s
fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.)
DISCUSSION
Plaintiff seeks
judgment against Defendant Salvador Ruiz in the amount of $55,618.94 consisting
of $35,423.21 in damages, $18,500.73 in interest incurred, $1,200.00 in
attorney’s fees, and $495.00 in costs.
Plaintiff asserts that from February 11, 2019,
to September 27, 2019, Defendant Salvador Ruiz purchased wholesale flowers from
Holland Flower Market, Inc. on an open book account and incurred a debt of
$35,423.21 for the unpaid portion of the wholesale flowers received. To date,
Defendant has not paid the debt, or the interest incurred.
On June 01, 2022, Holland Flower Market, Inc.
assigned the debt to Plaintiff for collection. (See Smith Decl. Ex. A.)
For this reason, Plaintiff seeks damages based
on the unpaid principal sum of $35,423.21 as alleged in Plaintiff’s Complaint.
(Compl. Ex. A.) The costs of the suit totaled $495.00.
The Court finds that Plaintiff has provided sufficient evidence to show it is entitled to $35,423.21 in damages and $495.00 in costs.
Plaintiff asserts it is entitled to collect
$18,500.73 in interest under Civil Code Section 3289(a) because the invoices
provide for recovery of an interest rate of 1.5% per month (i.e. 18% per annum)
on accounts due.
At the bottom of each invoice the following is
stated:
“All claims must be made within 24 hours of
receipt of goods, and must be returned for credit or replacement in original
packing. In the event an account is not paid when due, it is subject to a 1.53
per month delinquent charge (18% per annum) including but not limited to court
costs, reasonable attorney fees on appeal. Site of legal jurisdiction remains
in the City of Los Angeles until goods are paid in full.”
(See Haverkate Decl. Ex. A.)
In the Declaration by Glenn A. Besnyl in
support of interest calculation, interest was calculated as follows:
· Sum owed as alleged in Complaint: $35,423.31
· $35,423.21x18%= $
6,376.18
· $6,376.18 divided by 365 days= $17.47 daily interest from October 15, 2019 to September 8, 2022 = 1059 days X $17.47 = $18,500.73
The Court agrees that Plaintiff is entitled to $18,500.73 in interest
based on the debt due.
Plaintiff also asserts it is entitled to
recovery of reasonable attorney fees on a contract based on an open book
account under Civil Code section 1717.5.
Section 1717.5 provides, in relevant part,
“Reasonable attorney’s fees awarded pursuant to this section
for the prevailing party bringing the action on the book account shall be fixed
by the court in an amount that shall not exceed the lesser of: (1) nine hundred
sixty dollars ($960) for book accounts based upon an obligation owing by a
natural person for goods, moneys, or services which were primarily for
personal, family, or household purposes; and one thousand two hundred dollars
($1,200) for all other book accounts to which this section applies; or (2) 25
percent of the principal obligation owing under the contract.”
(Civ. Code, § 1717.5.)
The Court agrees that Plaintiff is entitled to
$1,200.00 in attorney’s fees.
Based on the foregoing, Plaintiff’s request for Default Judgment is GRANTED.
Conclusion
Plaintiff’s
request for judgment against Defendant Salvador Ruiz is GRANTED in the amount
of $55,618.94.00