Minute OrderCal. Super. - 6th Dist.May 24, 2019SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER LONICH PATI'ON EHRLICH POLICASTRI, PC vs JOHN Hearing Start Time; 9:00 AM VIERRA Hearing Type: Motion: Summary 19CV348707 Judgment/Adjudication Date of Hearing: 03/03/2020 Comments: Line 5 Heard By: Folan, Maureen A Location: Department 6 Courtroom Reporter: - No Court Reporter Courtroom Clerk: Farris Bryant Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - by Plt (Stevn Booska) No appearance. No party has contested the tentative ruling. The tentative ruling is adopted. See below for ruling. Plaintiffs Motion for SummaryJudgment is UNOPPOSED and GRANTED, good cause appearing. There are no triable issue of material facts and plaintiff is entitled to judgment as a matter of law on the breach of contract cause of action, which is the only cause of action asserted in the complaint. Defendant owes the principal sum of $11,895.53. However, the complaint seeks 7% per annum starting from 4-28-18 (not 10%) and plaintiff is bound by the allegations in the complaint. Plaintiff has chosen to limit its attorney s fees to $960 per Civil Code 1717.5 and shall be entitled to costs of $442.54. Plaintiff shall submit a proposed order granting summaryjudgment and proposed judgment. Printed: 3/3/2020 03/03/2020 Motion: Summary Judgment/Adjudication - 19CV348707 Page 1 of 1
