This case was last updated from Los Angeles County Superior Courts on 12/04/2020 at 14:25:32 (UTC).

BANK OF THE WEST, A CALIFORNIA CORPORATION VS ROY CARRERA

Case Summary

On 01/08/2009 BANK OF THE WEST, A CALIFORNIA CORPORATION filed an Other lawsuit against ROY CARRERA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are AURELIO MUNOZ, MATTHEW ST. GEORGE and RANDOLPH M. HAMMOCK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5219

  • Filing Date:

    01/08/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

AURELIO MUNOZ

MATTHEW ST. GEORGE

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiffs and Petitioners

BANK OF THE WEST

BANK OF THE WEST A CALIFORNIA CORPORATION

Defendants and Respondents

CABRERA ROY

DOES 1 THROUGH 80

CARRERA ROY

Assignee and Not Classified By Court

BASELINE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

REED JAMES T. JR. ESQ.

REED JAMES THOMAS JR

Assignee Attorney

NORTON MICHAEL CALHOUN

 

Court Documents

Notice - NOTICE OF RENEWAL OF JUDGMENT

6/10/2019: Notice - NOTICE OF RENEWAL OF JUDGMENT

Application for and Renewal of Judgment - APPLICATION FOR AND RENEWAL OF JUDGMENT AMENDED APPLICATION FOR AND RENEWAL OF JUDGMENT

6/14/2019: Application for and Renewal of Judgment - APPLICATION FOR AND RENEWAL OF JUDGMENT AMENDED APPLICATION FOR AND RENEWAL OF JUDGMENT

Proof of Service (Renewal of Judgment)

9/18/2019: Proof of Service (Renewal of Judgment)

Notice - NOTICE OF ENTRY OF JUDGMENT/DISMISSAL/OTHER ORDER

10/15/2019: Notice - NOTICE OF ENTRY OF JUDGMENT/DISMISSAL/OTHER ORDER

Proof of Service by Mail

11/21/2019: Proof of Service by Mail

Order - RULING-MOTION FOR ORDER FOR APPROVAL OF COSTS AND ATTORNEY FEES

1/28/2020: Order - RULING-MOTION FOR ORDER FOR APPROVAL OF COSTS AND ATTORNEY FEES

Abstract of Judgment - Civil and Small Claims

8/7/2020: Abstract of Judgment - Civil and Small Claims

ASSIGNMENT OF JUDGMENT

10/30/2014: ASSIGNMENT OF JUDGMENT

ASSIGNMENT OF JUDGMENT

1/21/2015: ASSIGNMENT OF JUDGMENT

 

Docket Entries

  • 08/07/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Baseline Financial Services (Assignee)

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  • 07/31/2020
  • DocketNotice of Rejection - Post Judgment; Filed by Clerk

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  • 01/28/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion for Attorney Fees - Held

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  • 01/28/2020
  • DocketRuling-Motion for Order for Approval of Costs and Attorney Fees; Filed by Clerk

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  • 01/28/2020
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by Clerk

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  • 11/21/2019
  • DocketProof of Service by Mail; Filed by Baseline Financial Services (Assignee)

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  • 11/19/2019
  • DocketNotice of Motion (AND MOTION FOR ORDER FOR APPROVAL OF COSTS AND ATTORNEY FEES; POINTS AND AUTHORITIES; DECLARATION OF MICHAEL C. NORTON; NOTICE OF NON- APPEARANCE); Filed by Baseline Financial Services (Assignee)

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  • 10/15/2019
  • DocketNotice ( of Entry of Judgment/Dismissal/Other Order); Filed by Baseline Financial Services (Assignee)

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  • 10/11/2019
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) - Held - Motion Denied

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  • 10/11/2019
  • DocketRuling-Motion to Set Aside Default Judgment; Filed by Clerk

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26 More Docket Entries
  • 07/16/2009
  • DocketDeclaration (of James T. Reed, Jr. Re Status of Default Judgement ); Filed by Attorney for Pltf/Petnr

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  • 04/27/2009
  • Docketat 08:30 am in Department 47, Aurelio Munoz, Presiding; Conference-Case Management - Completed

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  • 04/27/2009
  • DocketOrder-Case Management; Filed by Court

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  • 04/01/2009
  • DocketDefault Entered (ROY CABRERA ); Filed by Attorney for Pltf/Petnr

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  • 04/01/2009
  • DocketStatement-Case Management; Filed by Attorney for Pltf/Petnr

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  • 01/23/2009
  • DocketProof-Personal Service (Summons & Complaint, etc. ); Filed by Attorney for Pltf/Petnr

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  • 01/13/2009
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 01/08/2009
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/08/2009
  • DocketComplaint; Filed by Bank Of The West, a California corporation (Plaintiff)

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  • 01/08/2009
  • DocketComplaint

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Tentative Rulings

Case Number: BC405219    Hearing Date: January 28, 2020    Dept: 47

Bank of the West v. Roy Cabrera, et al.

 

MOTION FOR ORDER FOR APPROVAL OF COSTS AND ATTORNEY FEES

MOVING PARTY: Assignee Baseline Financial Services

RESPONDING PARTY(S): No response on eCourt as of January 24, 2020.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Bank of the West alleged that Defendant breached a motor vehicle contract that was assigned to it, under which Defendant was to pay $465.59/month for 239 months, beginning on June 16, 2007. Defendant allegedly defaulted on July 16, 2008. On April 1, 2009, default was entered against Defendant, and judgment was entered on July 23, 2009. On January 21, 2015, an assignment of judgment was filed, indicating that the right to collect the judgment has been assigned from Bank of the West to Baseline Financial Services.

Assignee Baseline Financial Services seeks approval of its costs and attorney’s fees.

TENTATIVE RULING:

Assignee Baseline Financial Services’ motion for order for approval of costs and attorney fees is DENIED.

DISCUSSION:

Motion for Approval of Costs and Attorney Fees

Assignee moves for an award of attorney’s fees and costs under CCP §§ 1032(a)(4) and 1033.5(a)(10)(A) against Defendant Roy Cabrera.

CCP § 1032(a)(4) defines “prevailing party” for the purpose of recovery of costs under CCP § 1032(b) by the prevailing party. Pursuant to that section, the “prevailing party” includes “the party with a net monetary recovery.” (CCP § 1032(a)(4).) Here, that party was Bank of the West, which recovered $63,321.31 against Defendant on July 23, 2009, with the notice of entry of judgment filed on August 3, 2009.

CCP § 1032 does not specify that an assignee may be considered a “prevailing party” for purposes of an award of fees or costs, and the Assignee here has not cited any authority for that proposition. CCP § 1032 does state that “in situations other than as specified, the ‘prevailing party’ shall be as determined by the court,” in which case the Court, “in its discretion, may allow costs or not,” but the Assignee here has not relied on that language to support its request.

Even more problematic, however, is the lack of a basis for the award of fees. CCP § 1033.5(a)(10)(A), cited by the Assignee, provides that attorney’s fees are allowable under § 1032 when authorized by contract. Here, however, assignee has not submitted any contract authorizing its recovery of attorney’s fees. Thus, assignee has not shown any basis on which it is entitled to recover its fees. A judgment creditor may recover costs incurred in enforcing a judgment under CCP § 685.040 under certain circumstances, but the Assignee has not relied on that statute as the basis for its motion.

Accordingly, Assignee’s motion for approval of costs and attorney fees is DENIED.

Assignee to give notice, unless waived.

IT IS SO ORDERED.

Dated: January 28, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org