Judge: Armen Tamzarian, Case: 20STCV07399, Date: 2023-02-22 Tentative Ruling

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Case Number: 20STCV07399    Hearing Date: February 22, 2023    Dept: 52

Order to Show Cause Re: Entry of Default Judgment

Plaintiff Helle Trevino requests court judgment by default against defendants Shawn L. Hawkins, Leonard D. Hawkins, and Brandy Hawkins. 

Doe Defendants

A plaintiff seeking default judgment must submit “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment.”  (Cal. Rules of Court, rule 3.1800(a)(7).) 

Plaintiff’s operative first amended complaint names fictitious defendants Does 1 to 30.  Plaintiff has not requested dismissal of the fictitious defendants.  The court hereby dismisses the action without prejudice as to defendants Does 1 to 30.

Amount of Damages

            Plaintiff requests default judgment including $112,855.94 in damages.  This exceeds the amount demanded in the first amended complaint.  “A default judgment greater than the amount specifically demanded in the complaint is void as beyond the court’s jurisdiction.”  (Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) 

            The first amended complaint specifically prays for the following damages: “On the second through fourth causes of action: 1. For the purchase price of the vehicle in the amount of $69,505.94, including $5,000 in registration fees.  2. For reimbursement of auto related expenses in the amount of $8,350.00. [¶] On the fifth cause of action: 1. Pursuant to California Penal Code Section 496(c): (a) three times the amount of actual damages; (b) costs of suit and (c) reasonable attorneys’ fees, in an amount not less than $30,000.”  (FAC, p. 12.)

            Plaintiff’s present demand of $112,855.94 is the sum of those four amounts: $69,505.94 + $5,000 + $8,350 + $30,000 = $112,855.94.  The $5,000 is not properly included.  The first amended complaint states it was already included in the $69,505.94.  That is what “the amount of $69,505.94, including $5,000 in registration fees” means.  That language did not give defendants adequate notice plaintiff demanded an extra $5,000 on top of the $69,505.94 purchase price.  The amount specifically demanded in the complaint therefore totals $107,855.94.  Plaintiff cannot recover damages greater than that amount.

Amount of Attorney Fees

Plaintiff requests $16,984.06 in attorney fees.  Local Rule 3.214(a) provides a schedule for reasonable attorney fees on default judgments.  For amounts over $100,000, fees are set at $2,890 plus 1% of the excess over $100,000.  Based on the total damages of $107,855.94, the schedule sets reasonable attorney fees at $2,968.56.

Disposition

Plaintiff Helle Trevino’s request for court judgment by default against defendants Shawn L. Hawkins, Leonard D. Hawkins, and Brandy Hawkins is granted in part.  Plaintiff shall recover $107,855.94 in damages and $2,968.56 in attorney fees for a total judgment of $110,824.50.

The court will modify the proposed judgment plaintiff submitted to account for the reduced amounts described above.