Department 58

Hearing Date: April 5, 2023

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

Case No.: 22STCV10299

Matter: Default Judgment prove-up

Moving Party: Plaintiff Jeff Dargah

Responding Party: Unopposed

Tentative Ruling: The request for default judgment is denied.

Background and procedural history

This is a wrongful eviction action. Plaintiff Jeff Dargah sued 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. However, on February 9, 2023, the Court denied Plaintiff’s request for default judgment, finding Plaintiff had provided no support for his request of $250,000 in emotional distress damages and insufficient support for his request of $50,000 in damages from personal property loss. The Court scheduled this OSC to allow Plaintiff to produce evidence supporting his requested damages.

Discussion

“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).)

In denying Plaintiff’s previous request for default judgment the Court stated the following: “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.” (Order, 2/6/23.) Plaintiff subsequently filed a supplemental declaration.

While the Court is sympathetic to Plaintiff’s allegations, Plaintiff’s supplemental declaration still fails to prove the amount of damages requested. Plaintiff itemizes the personal items that were purportedly lost when Defendants locked him out of the bedroom but offers no receipts or supporting documentation. (Supp. Dargah Decl., ¶ 9.) Plaintiff likewise fails to justify $250,000 in emotional distress damages. The only medical documentation Plaintiff offers in support is a report from a licensed therapist in which the therapist recommends Plaintiff attend 50 sessions of therapy to address the trauma and anxiety Plaintiff purportedly suffered from Defendants’ eviction. (Id., Ex. 11.) The report does not state how much each therapy session will cost. (Ibid.) Even if true, the report does not justify $250,000 in emotional distress damages.

Plaintiff also seeks $50,000 for loss of sentimental items, but the only support offered is Plaintiff’s statement that personal items such as his family photos, wedding album, and Iranian passport were not returned to him. (Id., ¶ 10.) Put simply, the evidence offered by Plaintiff to date falls well short of justifying the $341,500 in general and special damages Plaintiff seeks.

Accordingly, the Court denies the request for default judgment to a later date for Plaintiff to modify or submit evidence of the amount of his requested judgment and/or produce declarations with the corresponding calculations and evidence.