Judge: Christian R. Gullon, Case: 23PSCV01804, Date: 2024-05-13 Tentative Ruling

Case Number: 23PSCV01804    Hearing Date: May 13, 2024    Dept: O

Tentative Ruling

Plaintiffs’ Application for Default Judgment is GRANTED, but Plaintiffs are to submit a NEW proposed order seeking $30,000 (not $33,000).

Background

This case arises from an unpaid loan.

On June 16, 2023, Plaintiffs Jing Chen and Chunmei Liu filed suit against Defendant Ching Chai Chung alleging that Defendant did not pay Plaintiffs the $30,000 they lent him.

On December 22, 2023, default was entered against defendant.

On March 6, 2024, Plaintiffs filed their default judgment application material (and a few filed thereafter).

Discussion

The California Supreme Court has made clear that “in all default judgments the demand sets a ceiling on recovery.” (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)

Here, the complaint seeks that the court “fully compensate $30,000.00 or pay $30,000.00 by installments.” (Complaint p. 2 of 24 of PDF.) And as the evidence submitted is a check made from Plaintiff Jing Chen to Defendant in the amount of $30,000, then recovery is limited to $30,000. The mere fact that Defendant promised to pay Plaintiffs $33,000 is not the basis of the damages as alleged in the complaint.

Therefore, Plaintiffs are to file a modified default judgment proposed order that seeks $30,000.

Conclusion

Based on the foregoing, the default judgment is granted effective upon submission of a new proposed judgment.