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.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MATTHEW ST. GEORGE
RANDOLPH M. HAMMOCK
BANK OF THE WEST
BANK OF THE WEST A CALIFORNIA CORPORATION
DOES 1 THROUGH 80
BASELINE FINANCIAL SERVICES
REED JAMES T. JR. ESQ.
REED JAMES THOMAS JR
NORTON MICHAEL CALHOUN
6/10/2019: Notice - NOTICE OF 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
9/18/2019: Proof of Service (Renewal of Judgment)
10/15/2019: Notice - NOTICE OF ENTRY OF JUDGMENT/DISMISSAL/OTHER ORDER
11/21/2019: Proof of Service by Mail
1/28/2020: Order - RULING-MOTION FOR ORDER FOR APPROVAL OF COSTS AND ATTORNEY FEES
8/7/2020: Abstract of Judgment - Civil and Small Claims
10/30/2014: ASSIGNMENT OF JUDGMENT
1/21/2015: ASSIGNMENT OF JUDGMENT
DocketAbstract of Judgment - Civil and Small Claims; Filed by Baseline Financial Services (Assignee)Read MoreRead Less
DocketNotice of Rejection - Post Judgment; Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion for Attorney Fees - HeldRead MoreRead Less
DocketRuling-Motion for Order for Approval of Costs and Attorney Fees; Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by ClerkRead MoreRead Less
DocketProof of Service by Mail; Filed by Baseline Financial Services (Assignee)Read MoreRead Less
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)Read MoreRead Less
DocketNotice ( of Entry of Judgment/Dismissal/Other Order); Filed by Baseline Financial Services (Assignee)Read MoreRead Less
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 DeniedRead MoreRead Less
DocketRuling-Motion to Set Aside Default Judgment; Filed by ClerkRead MoreRead Less
DocketDeclaration (of James T. Reed, Jr. Re Status of Default Judgement ); Filed by Attorney for Pltf/PetnrRead MoreRead Less
Docketat 08:30 am in Department 47, Aurelio Munoz, Presiding; Conference-Case Management - CompletedRead MoreRead Less
DocketOrder-Case Management; Filed by CourtRead MoreRead Less
DocketDefault Entered (ROY CABRERA ); Filed by Attorney for Pltf/PetnrRead MoreRead Less
DocketStatement-Case Management; Filed by Attorney for Pltf/PetnrRead MoreRead Less
DocketProof-Personal Service (Summons & Complaint, etc. ); Filed by Attorney for Pltf/PetnrRead MoreRead Less
DocketNotice-Case Management Conference; Filed by ClerkRead MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketComplaint; Filed by Bank Of The West, a California corporation (Plaintiff)Read MoreRead Less
DocketComplaintRead MoreRead Less
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.
Assignee Baseline Financial Services’ motion for order for approval of costs and attorney fees is DENIED.
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