Judge: Christopher K. Lui, Case: 22STCV22617, Date: 2023-05-05 Tentative Ruling

Case Number: 22STCV22617    Hearing Date: May 5, 2023    Dept: 76

TENTATIVE RULING RE: PROPOSED DEFAULT JUDGMENT

Defect in Proposed Judgment:  Principal Amount Sought Exceeds Demand of Complaint 

            Civ. Proc. Code, § 580(a) provides: “The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint. . . .”  (Bold emphasis added.) A court acts in excess of its jurisdiction and the resulting default judgment is void if the court awards default judgment in an amount greater than that demanded in the complaint. (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-31.)

            Here, at most, the Complaint sought a principal amount of $893,196.55—Prayer, ¶ 1 (or arguably $1,000,000—see, e.g., Complaint, ¶ 34).  As such, Plaintiff’s recovery by way of default judgment is limited to that amount.  If Plaintiff wishes to recover more, an amended complaint setting forth that amount must be filed and served and a default entered thereupon. Otherwise, Plaintiff is to submit a revised default judgment package seeking only the principal amount prayed for in the Complaint on the CIV-100 Form, with revised interest calculations.