Judge: Yolanda Orozco, Case: 22STCV29446, Date: 2023-02-17 Tentative Ruling
Case Number: 22STCV29446 Hearing Date: February 17, 2023 Dept: 31
REQUEST FOR ENTRY
OF DEFAULT JUDGMENT
TENTATIVE RULING
Plaintiff’s
request for default judgment against Defendants Boondock, Inc. aka Boondock Inc
dba Texino; Nicholas F Devane aka Nicholas Devane aka Nick Devane in the amount
of $52,102.29 is GRANTED.
BACKGROUND
On September 09,
2022, Plaintiff Creditors Adjustment Bureau, Inc. filed a Complaint against
Defendants Boondock, Inc. aka Boondock Inc dba Texino; Nicholas F Devane aka
Nicholas Devane aka Nick Devane; and Does 1 to 10.
The Complaint
seeks damages $46,223.39 and alleges the following causes of action:
1) Open Book
Account;
2) Account
Stated;
3) Reasonable
Value;
4) Breach of
Contract; and
5) Personal
Guarantee.
On December 14,
2022, default was entered against Defendants.
On
December 29, 2022, Does 1 to 10 were dismissed.
On
February 14, 2023, Plaintiff moved for Default Judgment.
LEGAL STANDARD
Code Civil Procedure section 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 Code of Civil Procedure section 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. (Cal. Rules of Court, rule 3.1800.)
DISCUSSION
Plaintiff seeks a total of $52,102.29
consisting of $46,223.39 in damages, $3,329.58 in prejudgment interest,
$1,776.70 in attorney’s fees, and $772.62 in costs against Defendants Boondock,
Inc. aka Boondock Inc dba Texino; Nicholas F Devane aka Nicholas Devane aka
Nick Devane (collectively “Defendants”).
The
Summary of the Case explains that Plaintiff’s assignor, Forest Plywood Sales
provided material to Defendant Boondock, Inc. which Defendant Nichols Devane
personally guaranteed payment of. Boondock failed to pay invoices totaling $46,233.39
and Defendant Devane failed to make good his guaranty.
Plaintiff
now seeks payment of the debt, along with attorney’s fees and costs.
Prejudgment interest at the legal rate of ten
percent (10%) is calculated as follows:
· $46,223.39 x 10% ÷
365 = $12.66 per diem
· $12.66/day x 263 days (5/27/22 – 2/14/23) = $3,329.58
Accordingly, Plaintiff is entitled to $3,329.58 in prejudgment
interest.
The Account Agreement and Terms of Sale
contract Defendant signed, attached to the Complaint, states, in pertinent
part:
“Should
suit be instituted to collect any debts of the undersigned, the undersigned
agrees to pay all costs of collection, attorney’s fees and interest on the past
due amount at the highest rate legally available.”
The “Continuing Personal Guaranty” further
states:
“This
guaranty includes in addition to outstanding principal and balance interest and
late charges, any and all attorney fees and collection costs.”
Under Rule 3.214 of the Local Rules of Court,
Plaintiff is entitled to attorney’s fees in the amount of $1,776.70, calculated
as follows:
· $46,223.39 \ (10,000.00)
= 36,223.39
· 36,223.39 x 3% =
$1,086.70
· $1,086.70 + 690.00
= $1,776.70
The Court finds that Plaintiff is entitled to attorney’s fees in the amount of $1776.70.
Default judgment in the amount of $52,102.29 is GRANTED.
Conclusion
Plaintiff’s request for default judgment in the amount of $52,102.29 is
GRANTED against Defendants Boondock, Inc. aka Boondock Inc dba Texino; Nicholas
F Devane aka Nicholas Devane aka Nick Devane.