Case Number: BC684667 Hearing Date: July 23, 2018 Dept: 37

CASE NAME: National Funding, Inc. v. Apparel Knitwear Export Inc., et al.

CASE NUMBER: BC684667

HEARING DATE: 7/23/18

CALENDAR NUMBER: 7

DATE FILED: 1/13/17

FSC/TRIAL DATE: None

PROCEEDING: Request for Entry of Default Judgment

MOVING PARTY: Plaintiff National Funding, Inc.

OPPOSING PARTY: None
COURT’S TENTATIVE RULING

The court GRANTS the request for default judgment in the amount of $166,392.09. Counsel for Plaintiff to give notice.
SUBMITTED DOCUMENTS

(Cal. Rules of Court, rule 3.1800):

Dismissal or judgment of non-parties to the judgment YES
Use of JC Form CIV-100 YES
Memorandum of costs YES
Declaration of nonmilitary status for each defendant YES
Declarations of propriety of separate default judgment on cross-complaint N/A
Summary of the case YES
585(d) declarations/admissible evidence in support YES
Interest computation (as necessary) YES
Request for attorney fees (Local Rule 3.214) YES
Proposed judgment YES
Exhibits (as necessary) YES

DISCUSSION
I. Principal Damages

Plaintiff National Funding requests $139,461.48 in damages due to Defendant Apparel’s alleged breach of the Loan Agreement between the parties, non-sufficient funds charges totaling $250.00 and Defendant Bawa’s alleged breach of the Guaranty. Plaintiff presents evidence of the existence of the Loan Agreement and Guaranty and to support its claim for damages. (Otero Decl. Exs. A, C.) Plaintiff has demonstrated its entitlement to the principal damages sought.
II. Pre-judgement Interest Damages

Plaintiff National Funding seeks pre-judgement interest damages from November 25, 2016, the date of the alleged default to the date of judgment. As the contract does not state an interest rate, Plaintiff is entitled to interest at the rate of 10 percent per annum. (Civ. Code, § 3289, subd. (b).) Based upon the principal requested, this comes to interest in the amount of $38.20 per day. Plaintiff has demonstrated its entitlement to the prejudgment interest at this rate. As of July 23, 2018, this comes to interest in the amount of $23,111 to reflect 605 days of pre-judgment interest.
III. Attorneys’ Fees

Plaintiff seeks attorneys’ fees pursuant to Local Rule of Court, 3.214. Local Rule of the Court, rule 3.214(a) provides, in relevant part:

When a promissory note, contract, or statute provides for the recovery of reasonable attorneys’ fees, the following schedule will apply to the amount of the new judgement unless otherwise determined by the court.

Default case:

$0.01 to $1,000, 15% with a minimum of $75.00;

$1,000.01 to $10,000, $150 plus 6% of the excess over $1,000;

$10,000.01 to $50,000, $690 plus 3% of the excess over $10,000;

$50,000.01 to $100,000, $1,890 plus 2% of the excess over $50,000;

Over $100,000, $2,890 plus 1% of the excess over $100,000.

(Super. Ct. L.A. County, Local Rules, rule 3.214(a

Paragraph 14 of the Loan Agreement allows for the recovery of reasonable attorneys’ fees. (Otero Decl. Ex. A, at ¶ 14.) The total damages are over $100,000, and thus Plaintiff National would be entitled to attorneys’ fees of $2,890 plus 1% of the excess over $100,000. This would come to attorney’s fees in the requested amount of $3,284.61. These fees are recoverable.
IV. Costs

Plaintiff National Funding requests costs of $535.00. The following items account for these costs: (1) Clerk’s filing fees of $435.00 and (2) Process server’s fees of $100.00. These costs are recoverable. (Code Civ. Proc., § 1033.5, subd. (c)(1).)
DEFAULT JUDGMENT AWARD

Damages: $ 139,461.48

Interest: $ 23,111.00

Attorney Fees: $ 3,284.61

Costs: $ 535.00

Total: $ 166,392.09