Defendant?s Second Amended Motion to Compel Plaintiff?s Deposition
DEPARTMENT S25 LAW AND MOTION RULINGS Imed Hsini v. Mohsen Ghariani, et al. LASC Case No. 24LBCV00194 Hearing Date: September 11, 2024 Request for Default Judgment by Court
In preparation for the September 11, 2024 default judgment hearing, the court has identified several concerns with Plaintiff’s request:
Request for Entry of Default was entered on May 9, 2024 which is less than 30 days after service of the summons and complaint to Defendant Danielle Canissa and CDW Logistics, LLC. (C.C.P. §587);
Plaintiff checked the wrong box and should have checked “Court Judgment’ in the “Request For’ section on the 1st page. (See 7/29/2024 Request for Entry of Default/Judgment);
No DOEs dismissal filed;
No attached/adequate and/or authenticated exhibits provided with Plaintiff’s Declaration. Exhibits should demonstrate, e.g. costs for title and insurance for two vehicles, power of attorney, agreement entered into with Defendants to purchase trucks and provide logistic and shipping services to clients;
No contractual or statutory basis provided by Plaintiff as to recovery of attorney fees. Also, attorney fees requested is more than what is allowed in a contract for recovery of reasonable attorney fees under Local Rule of the Court, rule 3.214(a);
Prayer for complaint does not specify damages claimed;
No notice of punitive damages as required under Code Civ. Proc., § 425.11, subd. (c). Appears Plaintiff may be waiving punitive damages based upon proposed judgment;
Proposed Judgment (UD-100) incorrect calculations as to attorney fees and prejudgment interest calculations.
Motion to Compel Plaintiff’s Deposition is GRANTED. CCP section 2025.450(a). Deposition to occur no later than June 2, 2026. Sanctions not requested. Home -->)" -->
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