On 01/08/2009 BANK OF THE WEST filed a Contract - Debt Collection lawsuit against ROY CABRERA. 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 and MATTHEW ST. GEORGE. The case status is Disposed - Judgment Entered.
****5219
01/08/2009
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
AURELIO MUNOZ
MATTHEW ST. GEORGE
BANK OF THE WEST
CABRERA ROY
DOES 1 THROUGH 80
REED JAMES T. JR. ESQ.
1/8/2009: SUMMONS
1/8/2009: COMPLAINT FOR MONEY 1. BREACH OF MOTOR VEHICLE CONTRACT; ETC.
1/13/2009: NOTICE OF CASE MANAGEMENT CONFERENCE
1/23/2009: PROOF OF SERVICE OF SUMMONS
4/1/2009: REQUEST FOR ENTRY OF DEFAULT
4/1/2009: CASE MANAGEMENT STATEMENT
4/27/2009: Minute Order
7/16/2009: DECLARATION OF JAMES T. REED, JR. RE STATUS OF DEFAULT JUDGMENT
7/20/2009: ORIGINAL MOTOR VEHICLE CONTRACT SUBMITTED FOR NOTATION OF ENTRY OF JUDGMENT AND REQUEST FOR RETURN, ETC.
7/23/2009: STATEMENT OF THE CASE IN SUPPORT OF DEFAULT JUDGMENT
7/23/2009: REQUEST FOR COURT JUDGMENT
7/23/2009: DEFAULT JUDGMENT BY COURT
7/23/2009: REQUEST FOR DISMISSAL
7/23/2009: Minute Order
8/3/2009: NOTICE OF ENTRY OF JUDGMENT
5/17/2010: APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
10/30/2014: ASSIGNMENT OF JUDGMENT
1/21/2015: ASSIGNMENT OF JUDGMENT
paper file imaged and destroyed Filed by Clerk
Miscellaneous-Other (ASSIGNMENT OF JUDGMENT ) Filed by Attorney for Plaintiff/Petitioner
Judgment (ASSIGNMENT OF ) Filed by Attorney for Plaintiff/Petitioner
Satisfaction of Judgment-Partial Filed by Attorney for Pltf/Petnr
Order to Appear for Examination Filed by Attorney for Plaintiff/Petitioner
Abstract of Judgment Filed by Attorney for Creditor
Notice of Entry of Judgment Filed by Attorney for Pltf/Petnr
Statement of Case (IN SUPPORT OF DJ ) Filed by Plaintiff
Declaration (OF APRIL CURTIS IN SUPPORT OF DJ; ) Filed by Plaintiff
Request for Dismissal Filed by Plaintiff
Default Judgment Filed by Plaintiff
Miscellaneous-Other (Original Motor Vehicle Contract Submitted for Notation of Entry of Judgement & Request for Return ) Filed by Attorney for Pltf/Petnr
Declaration (of James T. Reed, Jr. Re Status of Default Judgement ) Filed by Attorney for Pltf/Petnr
Order-Case Management Filed by Court
Default Entered (ROY CABRERA ) Filed by Attorney for Pltf/Petnr
Statement-Case Management Filed by Attorney for Pltf/Petnr
Proof-Personal Service (Summons & Complaint, etc. ) Filed by Attorney for Pltf/Petnr
Notice-Case Management Conference Filed by Clerk
Complaint
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