Judge: Alison Mackenzie, Case: 24STCV33721, Date: 2025-06-09 Tentative Ruling

Case Number: 24STCV33721    Hearing Date: June 9, 2025    Dept: 55

Plaintiff’s request for a default judgment against J&B Stark, Inc. is denied for the following reasons.

First, Plaintiff's complaint asks for $1,000,000 and other damages according to proof. However, she is seeking $1,935,000 in the default judgment (Plaintiff mistakenly writes the total damages as $ 935,000 in the CIV-100, but clarifies that the amount sought is $1,935,000 in the statement of the case). This is improper because the default judgment cannot seek damages in excess of the amount of damages claimed in the Complaint (here, $1,000,000).

Second, Plaintiff states that she is seeking $935,000 in general and special damages, as well as $1,000,000 in punitive damages. Plaintiff does not demonstrate that she served Defendant with a statement under Code of Civil Procedure section 425.115, which is required before Plaintiff may recover punitive damages on default judgment. Cal Code Civ Proc § 425.115 subd. (f) ( “The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.”). Nor is there any evidence of Defendant's ability to pay.

Third, Plaintiff does not provide evidence justifying the $935,00 in requested damages for emotional distress, which prevents her from working. Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 2 (“ [I]t is incumbent upon the plaintiff to prove up his damages, with actual evidence.” Merely stating in her declaration that she has suffered extensive emotional damage simply does not suffice as an evidentiary basis for the Court to award the amount of damages sought.