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damages under Civil Code section 1950.5, prejudgment interest,
reasonable attorneys’ fees, and costs.
On September 2, 2021 Nash and O’Connor filed a proof of
service of the summons and complaint by substituted service at
Aprea’s house. Aprea did not file an answer, and Nash and
O’Connor filed a request for entry of default, which the court
clerk entered on September 22. Nash and O’Connor
subsequently filed a request for entry of default judgment in the
amount of $59,191, comprising $56,000 in damages, $1,533 in
prejudgment interest, $1,000 in attorneys’ fees, and $658 in costs.
In a supporting declaration, Nash and O’Connor’s attorney stated
the $1,000 requested in attorneys’ fees was “as provided for and
fixed by paragraph 36 of the Lease.” On November 10, 2021 the
trial court entered a default judgment against Aprea for $59,191,
including $1,000 in attorneys’ fees and $658 in costs.2
On November 29, 2021 Aprea filed a motion to vacate entry
of default and default judgment. The trial court denied the
motion, and a later motion for reconsideration, finding service
was proper and Aprea had actual notice in time to defend the
action. On April 8, 2022 Aprea appealed from the judgment and
the order denying her motion for reconsideration; we affirmed in
Nash v. Aprea, supra, No. B319309.