Judge: Armen Tamzarian, Case: 22STCV28047, Date: 2023-02-24 Tentative Ruling

Case Number: 22STCV28047    Hearing Date: February 24, 2023    Dept: 52

Plaintiff Los Angeles Unified School District’s Request for Court Judgment by Default Against Defendant Leigh Peacock

Plaintiff Los Angeles Unified School District, a public entity, requests court judgment by default against defendant Leigh Peacock.  The court will grant the request in part for the reasons discussed below.

Excessive Damages

Plaintiff requests excessive damages of $27,651.95.  “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.) 

Plaintiff’s complaint demanded $26,951.95 in damages.  The complaint begins, “AMOUNT OF COMPLAINT - $26,951.95.”  (Comp., p. 1, line 20.)  The complaint later states, “Plaintiff asserts that the amount due and owing to Plaintiff by Defendant LEIGH PEACOCK is $26,951.95.”  (Comp., ¶ 11.) 

Plaintiff cannot recover $27,651.95 in damages by default judgment without first amending the complaint.  Doing so would vacate defendant’s default.  (Greenup v. Rodman (1986) 42 Cal.3d 822, 830.)  The first amended complaint would have to be served in the manner of a summons.  (Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 444.)  The court will therefore award plaintiff damages of $26,951.95.

Excessive Interest

Plaintiff seeks excessive interest of $12,433.37.  Plaintiff’s computations begin with the wrong principal.  The correct principal is $26,951.95 as demanded in the complaint.  Plaintiff may recover 10% annual simple interest beginning four years before filing the complaint on August 31, 2022.  This amounts to $7.38 in daily interest for 1,638 days (from August 31, 2018, to February 24, 2023) for a total of $12,088.44.

Disposition

            Plaintiff Los Angeles Unified School District’s request for court judgment by default against defendant Leigh Peacock is granted in part.  Plaintiff shall recover $26,951.95 in damages, $12,088.44 in interest, and $180 in costs for a total judgment of $39,220.39.  The court will modify the proposed judgment plaintiff submitted to account for the reduced amounts described above.