Department 58

Hearing Date: February 9, 2023

Case Name: Jeff Dargah v. Robert Williams et al.

Case No.: 22STCV10299

Matter: Default Judgment Application

Moving Party: Plaintiff Jeff Dargah

Responding Party: Unopposed

Tentative Ruling: The Court denies the request for default judgment.

Background

This is a wrongful eviction action. Plaintiff Jeff Dargah sues Defendants Robert Williams and Jubilio Escalara for breach of contract, breach of the covenant of good faith and fair dealing, breach of quiet enjoyment, trespass, nuisance, negligent and intentional infliction of emotional distress, negligence, wrongful eviction, and conversion.

Plaintiff alleged that his rented bedroom was uninhabitable with mold, defective plumbing, and unsafe security. In June 2021, Plaintiff allegedly injured himself at work and was unable to pay rent. The property manager, Escalara, reportedly harassed Plaintiff by filing a restraining order and multiple unlawful detainer actions against him.

Default was entered against both individual Defendants on December 20, 2022. The Doe defendants were dismissed on January 24, 2023.

Discussion

Plaintiff requests damages in the total amount of $813,500. This represents $250,000 for emotional distress damages, $58,500 for special damages, $500,000 in punitive damages, and $5,000 in attorney fees.

“Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.” (Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302, citing Code Civ. Proc., § 585 & Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.) If evidence is presented by declaration, the facts must be shown to be “within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.” (Code Civ. Proc., § 585, subd. (d).)

As to the $50,000 for personal property, Plaintiff avers that numerous items were not returned to him, including several credit cards, passport, driver’s license, medications, clothing, personal furniture, and $8,500 in cash. (Dargah Decl., ¶ 53.) Plaintiff also provides a letter from Tarzana Medical Urgent Care and a medical bill from his psychotherapist indicating $2,000 in costs incurred. (Dargah Decl., Ex. 10.)

However, Plaintiff does not provide any support for his request of $250,000 in emotional distress damages and the $50,000 request for personal property is insufficiently supported. While he avers that he was “stranded, homeless, and slept the night in [his car]” and suffered emotional distress, he does not provide any medical reports documenting that stress. (Dargah Decl., ¶ 46.) Similarly, he does not document or itemize the personal items that were purportedly lost when Defendants locked him out of the bedroom.

Accordingly, the Court denies the request for default judgment to a later date for Plaintiff to produce declarations with the corresponding calculations and evidence.