This case was last updated from Los Angeles County Superior Courts on 10/16/2021 at 01:35:34 (UTC).

JERRY JAMAAL LEWIS VS WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES

Case Summary

On 01/13/2020 JERRY JAMAAL LEWIS filed a Contract - Other Contract lawsuit against WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0322

  • Filing Date:

    01/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LEWIS JERRY JAMAAL

Defendant

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

Declaration (name extension) - Declaration Declaration of Jerry Jamaal Lewis in Support of Plaintiff's Proposed Court Judgment

9/24/2021: Declaration (name extension) - Declaration Declaration of Jerry Jamaal Lewis in Support of Plaintiff's Proposed Court Judgment

Summary of the Case - Summary of the Case

9/24/2021: Summary of the Case - Summary of the Case

Declaration (name extension) - Declaration Declaration of Kasra Sadr In Support of Plaintiff's Proposed Judgment & Motion for Atty Fees

9/24/2021: Declaration (name extension) - Declaration Declaration of Kasra Sadr In Support of Plaintiff's Proposed Judgment & Motion for Atty Fees

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/24/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

9/24/2021: Declaration (name extension) - Declaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/27/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

9/15/2021: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 09/15/2021

9/15/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 09/15/2021

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/17/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/17/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/20/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/2/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/2/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/2/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Jerry Jamaal Lewis in Support of Plaintiff's Proposed Court Judgment

3/3/2021: Declaration (name extension) - Declaration Declaration of Jerry Jamaal Lewis in Support of Plaintiff's Proposed Court Judgment

Declaration (name extension) - Declaration Declaration of Kasra Sadr In Support of Plaintiff's Proposed Judgment

3/3/2021: Declaration (name extension) - Declaration Declaration of Kasra Sadr In Support of Plaintiff's Proposed Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/3/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

24 More Documents Available

 

Docket Entries

  • 01/17/2023
  • Hearing01/17/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 11/01/2021
  • Hearing11/01/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

    Read MoreRead Less
  • 09/27/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
  • 09/24/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Jerry Jamaal Lewis (Plaintiff); As to: Westlake Services, LLC (Defendant)

    Read MoreRead Less
  • 09/24/2021
  • DocketSummary of the Case; Filed by: Jerry Jamaal Lewis (Plaintiff)

    Read MoreRead Less
  • 09/24/2021
  • DocketDeclaration Declaration of Dennis McDonald in Support of Plaintiff's Motion for Court Judgment; Filed by: Jerry Jamaal Lewis (Plaintiff)

    Read MoreRead Less
  • 09/24/2021
  • DocketDeclaration Declaration of Kasra Sadr In Support of Plaintiff's Proposed Judgment & Motion for Atty Fees; Filed by: Jerry Jamaal Lewis (Plaintiff)

    Read MoreRead Less
  • 09/24/2021
  • DocketDeclaration Declaration of Jerry Jamaal Lewis in Support of Plaintiff's Proposed Court Judgment; Filed by: Jerry Jamaal Lewis (Plaintiff)

    Read MoreRead Less
  • 09/24/2021
  • Docket; Default not entered as to Westlake Services, LLC; On the Complaint filed by Jerry Jamaal Lewis on 01/13/2020

    Read MoreRead Less
  • 09/15/2021
  • DocketMinute Order (Hearing on Motion for Attorney Fees)

    Read MoreRead Less
34 More Docket Entries
  • 07/17/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
  • 02/06/2020
  • DocketProof of Personal Service; Filed by: Jerry Jamaal Lewis (Plaintiff); As to: Westlake Services, LLC (Defendant); Service Date: 01/22/2020; Service Cost: 80.00; Service Cost Waived: No

    Read MoreRead Less
  • 01/13/2020
  • DocketNon-Jury Trial scheduled for 07/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/13/2020
  • DocketComplaint; Filed by: Jerry Jamaal Lewis (Plaintiff); As to: Westlake Services, LLC (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Jerry Jamaal Lewis (Plaintiff); As to: Westlake Services, LLC (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Jerry Jamaal Lewis (Plaintiff); As to: Westlake Services, LLC (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 01/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 01/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC00322 Hearing Date: September 15, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR ATTORNEY’S FEES IN THE AMOUNT OF $18,259.00 FILED ALONG WITH PLAINTIFF’S\r\nREQUEST FOR DEFAULT JUDGMENT

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff\r\nJerry Jamaal Lewis

\r\n\r\n

RESP. PARTY: None

\r\n\r\n

\r\n\r\n

MOTION FOR ATTORNEY’S FEES

\r\n\r\n

(CCP §§ 1032, 1033.5; Civ. Code § 1780)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Plaintiff Jerry Jamaal Lewis’ Motion\r\nfor Attorney’s Fees is DENIED WITHOUT PREJUDICE.

\r\n\r\n

\r\n\r\n

SERVICE: \r\n

\r\n\r\n

\r\n\r\n

[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

\r\n\r\n

[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

\r\n\r\n

[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of September\r\n13, 2021 [ ] Late [X] None

\r\n\r\n

REPLY: None filed as\r\nof September 13, 2021 [ ] Late [X] None

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

I. \r\nBackground\r\n

\r\n\r\n

\r\n\r\n

On January 13, 2020, Plaintiff Jerry Jamaal Lewis\r\n(“Plaintiff”) filed an action against Defendant Westlake Services, LLC dba\r\nWestlake Financial Services (“Defendant”). Plaintiff filed a proof of service\r\ndemonstrating Defendant’s authorized agent was personally served with the\r\nSummons and Complaint on January 22, 2020. (2/6/20 Proof of Service.)

\r\n\r\n

\r\n\r\n

Following Defendant’s failure to respond, default was\r\nentered against it on March 2, 2021.

\r\n\r\n

\r\n\r\n

Plaintiff filed a request for the entry of default\r\njudgment under Code of Civil Procedure section 585 on March 3. Plaintiff’s\r\nrequest was rejected on March 4 because, “[d]amages, attorney fees, and costs\r\nmust be set forth on the request for judgment,” because “[a]ttorney fees cannot\r\nbe made by a separate motion on a default,” and because the dollar amounts must\r\nbe set forth completely on the CIV-100.” (3/4/21 Notice of Rejection.)

\r\n\r\n

\r\n\r\n

On May 7, 2021, Plaintiff filed the instant Motion for\r\nAttorney’s Fees in the Amount of $18,259 filed Along with Plaintiff’s Request\r\nfor Default Judgment (the “Motion”). That same day, Plaintiff filed a second\r\nrequest for the entry of default judgment. However, on May 25, the Court\r\nrejected this second application in part because “[a]ttorney fees must be\r\ncalculated pursuant to LASC Rule 3.214” and because counsel had not\r\ndemonstrated greater fees than that allowed by local rule were warranted for “extraordinary”\r\nservices. (5/25/21 Minute Order.)

\r\n\r\n

\r\n\r\n

No opposition to the Motion was filed.

\r\n\r\n

\r\n\r\n

II. \r\nLegal\r\nStandard & Discussion

\r\n\r\n

\r\n\r\n

Plaintiff argues that, as the prevailing party after\r\nDefendant defaulted, it is entitled to $18,259.00 in attorney’s fees and costs.\r\n(Mot., p. 3.)

\r\n\r\n

\r\n\r\n

First, although Defendant Westlake has defaulted, the\r\nCourt has not yet entered a default judgment against it. Thus, Plaintiff is not\r\nyet the prevailing party.

\r\n\r\n

\r\n\r\n

More importantly, as advised on two\r\nseparate occasions when his request for default judgment was rejected,\r\nPlaintiff has not demonstrated it is entitled to the attorney’s fees sought. Local\r\nRule 3.214, subdivision (a), provides that, when attorney’s fees are permitted\r\nby promissory note, contract, or statute, the following limits apply:

\r\n\r\n

\r\n\r\n

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

\r\n\r\n

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

\r\n\r\n

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

\r\n\r\n

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

\r\n\r\n

Over $100,000, $2,890 plus 1% of the excess over\r\n$100,000.”

\r\n\r\n

\r\n\r\n

Plaintiff’s Complaint sets forth\r\nthat he seeks more than $10,000, but less than $25,000 in damages. Because Plaintiff’s\r\nrequest for $18,259.00 in fees in a default action that seeks no more than\r\n$25,000.00 in damages violates Rule 3.214, this Motion is DENIED.

\r\n\r\n

\r\n\r\n

III. \r\nConclusion\r\n& Order

\r\n\r\n

\r\n\r\n

For the foregoing reasons, Plaintiff\r\nJerry Jamaal Lewis’ Motion for Attorney’s Fees is DENIED WITHOUT PREJUDICE.

\r\n\r\n

\r\n\r\n

Moving party is ordered to give\r\nnotice.

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES A LIMITED LIABILITY COMPANY is a litigant

Latest cases represented by Lawyer SADR KASRA