Case Number: BC530013    Hearing Date: August 05, 2014    Dept: 34
BACKGROUND:

Plaintiff commenced this action on Dec. 9, 2013 against defendant for breach of contract, open book account, account stated, and quantum meruit. Plaintiff alleges that it rendered services to defendant in the sum of $49,083.60, but defendant failed to pay for these services.

Plaintiff now seeks entry of default judgment in the amount of $11,864.59.

An OSC re Entry of Default Judgment was originally held on June 17, 2014. Plaintiff’s default judgment package had been rejected, and at plaintiff’s request, the hearing was continued until today. The court indicated on June 17, that if entry of default judgment was not entered by August 5, 2014, the court would dismiss this case.

ANALYSIS:

Plaintiff indicates that the principal amount of $49,083.60 has a ready been paid off, and it is only seeking interest, attorneys fees and costs. According to Exh. B, it appears that the $49,083.60 payoff occurred on January 4, 2013 — i.e., approximately 11 months before plaintiff filed this lawsuit.

Based on the calculation provided, plaintiff seeks interest on the $49,083.60 from 7/18/12 until 6/22/14. Plaintiff calculates that interest to be $9,467.08. (See Friedland Decl., ¶ 3 [704 days between 7/18/12 and 6/22/14].) But the billing record in exhibit B to the Bernardi declaration shows that the principle was paid off as of 1/4/13. (See Bernardi Decl., Exh. B.) Therefore, plaintiff should only recover interest through that date.

Plaintiff also requests attorneys fees in the amount of $1,862.51. However, Plaintiff fails to indicate the basis for the attorney’s fees request or how it is calculated. Nothing in the documents suggests that there was an agreement which included a provision for attorney’s fees.

The court is further concerned that this case was even filed as an unlimited matter. If, as indicated in Exh. B, the principal amount originally owed was paid off prior to the filing of this lawsuit, this should have been filed as a limited case or perhaps even a small claims matter.

The Court could recalculate the interest due on the principal, and calculate for counsel any attorneys fees that might be recoverable pursuant to Civ. Code § 1717.5. (The Court notes that counsel has made no request for attorneys fees pursuant to CC § 1717.5.) However, it is not the job of the Court to do counsel’s work.

The Court previously indicated at the June 17, 2014 hearing, that if Plaintiff was unable to have Default Judgment entered by today’s date, the court would dismiss this case.

Plaintiff’s Request for Entry of Default Judgment is DENIED. The Case is dismissed.