Case Number: BC607055 Hearing Date: July 20, 2016 Dept: 31

Plaintiff’s REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT, James Heath is DENIED.

Plaintiff requests $5,250.00 in attorneys’ fees in connection with the default judgment. The Complaint alleges a single cause of action for breach of contract. Therefore, Plaintiff would be entitled to attorneys’ fees only if the contract provided for the recovery of attorneys’ fees. CCP § 1021. However, Plaintiff does not identify for the Court the contractual basis for its entitlement to attorneys’ fees and the Court did not find an attorneys’ fee provision in the contracts provided, perhaps due to the poor quality of the copies provided.

Additionally, Plaintiff’s request for attorneys’ fees, even if based upon a valid contractual provision, exceeds the amount provided by Local Rule 3.214(a), which provides a schedule for attorneys’ fees in default cases “unless otherwise determined by the court.” Plaintiff provides no evidence relating to attorneys’ fees from which the Court may determine whether attorneys’ fees greater than those provided by Local Rule 3.214 are warranted.

Plaintiff must either highlight the relevant attorneys’ fee provision for the Court and properly address the amount of attorneys’ fees sought or remove the request for attorneys’ fees from the judgment. The matter is continued to September 1, 2016, at 8:30 a.m. Plaintiff is ordered to submit a revised prove-up package addressing the issue discussed herein if plaintiff decides to continue to request attorney’s fees no later than August 22, 2016.