Judge: Armen Tamzarian, Case: 23STCV13942, Date: 2024-12-17 Tentative Ruling

Case Number: 23STCV13942    Hearing Date: December 17, 2024    Dept: 52

Plaintiff’s Request for Default Judgment

Plaintiff Soleiman Hakakian requests court judgment by default against defendant Carson Ingle.  Plaintiff’s request for default judgment has three defects.

First, plaintiff did not request dismissal of defendants Does 1-10.  A request for default judgment must include “[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 does not seek default judgment against the Doe defendants and therefore must dismiss them.

Second, plaintiff used inapplicable Judicial Council forms.  Plaintiff submitted form UD-116, titled “declaration for default judgment by court (Unlawful Detainer – Code Civil Proc., § 585(d)”, and form UD-110, titled “proposed judgment—unlawful detainer.”  This is not an unlawful detainer case.  Plaintiff’s complaint seeks damages for breach of lease.  The complaint alleges defendant vacated the premises in April 2022.  (Comp., ¶ 29.)  Plaintiff must submit a declaration on pleading paper and a proposed judgment on form JUD-100, which is used for general civil actions.

Third, plaintiff did not submit adequate evidence of his damages.  “Even when the allegations of a complaint do support the judgment a plaintiff seeks, he is not automatically entitled to entry of that judgment by the court, simply because the defendant defaulted.  Instead, it is incumbent upon the plaintiff to prove up his damages, with actual evidence.”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 272.) 

Plaintiff’s complaint and request for default judgment seek damages of $105,000.  The only evidence plaintiff submitted is the declaration of attorney Joseph Hakakian on form UD-116.  The declaration does not prove plaintiff suffered any damages.  Paragraph 15.a(1) of the form states plaintiff seeks “[a] money judgment as follows: [¶] (1) [ ] Past-due rent (item 6b)  $105,000.00.”  Item 6.b on the form is blank.  Moreover, the monthly rent was $6,500 on a one-year lease.  Plaintiff fails to show defendant owes $105,000 in unpaid rent.    

The court hereby sets an order to show cause re: entry of default judgment for January 30, 2025, at 8:30 a.m.  Plaintiff shall submit a revised application for default judgment no later than January 21, 2025.