Judge: Daniel M. Crowley, Case: 23STCV10214, Date: 2024-03-13 Tentative Ruling

Case Number: 23STCV10214    Hearing Date: April 15, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

The Court denies Plaintiff’s default judgment packet. 

The Court sets a hearing on an order to show cause why the complaint should not be dismissed and/or Plaintiff’s counsel sanctioned $250 for failing to enter default judgment (California Rule of Court, rule 3.110(h)) on July 1, 2024, at 8:30 AM in Department 71 at Stanley Mosk Courthouse for the following reasons:

1. The request for court judgment does not properly seek an amount that is equal to or less than the amount sought in the prayer for the complaint or C.C.P. §425.11 statement of damages.  (See, e.g., Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-831 [stating 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, including if the complaint does not specify the amount demanded].) 

2.     Plaintiff seeks punitive damage but does not provide evidence of the defendant’s wealth. An award of punitive damages requires evidence as to the defendant’s wealth.  (Devlin v. Kearny Mesa AMC (1984) 155 Cal.App.3d 381, 390; Adams v. Murakami (1991) 54 Cal.3d 105, 118.)