Judge: Armen Tamzarian, Case: 22STCV04713, Date: 2022-11-07 Tentative Ruling

Case Number: 22STCV04713    Hearing Date: November 7, 2022    Dept: 52

Order to Show Cause Re: Entry of Default Judgment

The clerk has entered the defaults of defendants Nine Eleven Movie, LLC, Martin Sprock, and Sprockefeller Pictures, LLC.  Plaintiff Studio Estates, LLC has not yet requested default judgment.

Though plaintiff has not requested judgment, the court finds that plaintiff’s complaint cannot result in a default judgment without first amending it.  “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.)  “Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.”  (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830–831.)

The prayer for relief in plaintiff’s complaint does not demand any amount of money.  It instead demands damages “according to proof at trial” and “in an amount to be determined at trial.” 

To recover damages, plaintiff must amend the complaint.  Filing an amended complaint vacates defendants’ defaults.  After a plaintiff “file[s] an amended complaint praying for a different amount of damages and/or other appropriate relief… she must serve her amended complaint on defendants, who will be entitled to file a new answer; all issues will then be at large, including liability.”  (Greenup v. Rodman (1986) 42 Cal.3d 822, 830; accord Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1025.)  The amended complaint must be served in the manner of a summons.  (Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 444.)

Under Code of Civil Procedure section 473(a)(1), the court hereby grants plaintiff Studio Estates, LLC leave to file a first amended complaint to demand a specific amount of damages.

The order to show cause re: entry of default judgment is hereby continued to February 27, 2023, at 8:30 a.m.

Plaintiff to give notice.