Judge: Daniel M. Crowley, Case: 23STCV14822, Date: 2024-02-05 Tentative Ruling

Case Number: 23STCV14822    Hearing Date: March 5, 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 April 5, 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 complaint or C.C.P. §425.11 statement of damages.  Plaintiff’s prayer does not provide a specific amount 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.     Declarant does not submit exhibits with authenticated foundation in support of the amount of damages sought.

3.     Plaintiff has not shown liability as to each defendant and that recovery is not duplicative.

4.     No interest calculation provided.

5.     Attorneys’ fees sought are not calculated according to the local rule but are for an amount less than the Local Rule 3.2 schedule would provide for the damages sought.