Judge: Armen Tamzarian, Case: 24STCV14432, Date: 2025-01-17 Tentative Ruling

Case Number: 24STCV14432    Hearing Date: January 17, 2025    Dept: 52

Order to Show Cause Re: Entry of Judgment

Plaintiff Adheesh Bhate requests court judgment by default against defendant Deepak Gosain. 

Insufficient Proof of Service of Summons

The court cannot enter default judgment because plaintiff has not shown valid proof of service of summons on Gosain.  “ ‘[A] default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.’ ”  (Braugh v. Dow (2023) 93 Cal.App.5th 76, 88.)  The only proof of service of summons on Gosain states: “Address where the party was served: Woodley Ave Van Nuys, CA 91436.”  (POS, ¶ 4.)  The address is incomplete.  It does not include the address number that should precede the street name.  The court further notes that plaintiff has served numerous papers by mail to defendant at 12722 Millenium, #422, Playa Vista, CA 90094. 

Without adequate proof of service, the court must vacate defendant Gosain’s default.

Other Defects

Plaintiff’s default application also has two other defects.  First, plaintiff did not properly request entry of judgment.  “A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100).”  (Cal. Rules of Court, rule 3.1800(a).)  Though plaintiff submitted a form CIV-100, plaintiff only checked the box for “entry of default.”  Plaintiff did not check the boxes or fill out the section indicating plaintiff requests court judgment by default.  (CIV-100, caption & § 1.d.)   

Second, plaintiff seeks prejudgment interest without properly requesting it or explaining how the amount was calculated.  A plaintiff who requests prejudgment interest in a default judgment must provide “[i]nterest computations as necessary.”  (Cal. Rules of Court, rule 3.1800(a)(3).)  Plaintiff’s request for entry of default includes other amounts in the “judgment to be entered” (CIV-100, § 2) but does not include any request for interest (§ 2.c).  Plaintiff’s proposed judgment on form JUD-100, however, includes $57,541.60 in prejudgment interest at the annual rate of 7.00%.  (JUD-100, ¶ 6.a(2).)  To recover prejudgment interest, plaintiff must request it on the form CIV-100 and must provide interest computations showing how the amount was calculated. 

Disposition

Plaintiff’s request for default judgment is denied.  The court hereby vacates the default of defendant Deepak Gosain.