Judge: Edward B. Moreton, Jr., Case: 21SMCV00185, Date: 2024-04-23 Tentative Ruling

Case Number: 21SMCV00185    Hearing Date: April 23, 2024    Dept: 205

PROCEEDINGS:                  REQUEST FOR ENTRY OF DEFAULT JUDGMENT

MOVING PARTY:               Amy Lloyd and Todd Benton

RESPONDING PARTY:      Pablo Ortiz dba Ortiz Construction & Associates, One Day Builders Inc.

BACKGROUND

Plaintiffs Todd Benton and Amy Lloyd were the owners of the real property located at 435 Pier Avenue, Santa Monica, California 90405 (the “Property”).  They entered into a written agreement with Defendants Pablo Ortiz dba Ortiz Construction & Associates (“Ortiz”) and Abel Mendoza (“Mendoza”) for the remodeling of the Property. 

Plaintiffs allege that Ortiz was not a licensed contractor, and accordingly, pursuant to Cal. Bus. & Prof. Code 7031(b), Plaintiffs are entitled to all amounts they paid to him, totaling $180,000.  Plaintiffs also claims Defendant One Day Builders, Inc. is liable for fraud and violation of the Bus. & Prof. Code § 17200 as it allowed Ortiz to use ODBI’s license number to secure the contract with Plaintiffs. 

On January 25, 2021, Plaintiffs filed a Complaint against Defendants.  The Complaint alleges claims for (1) disgorgement, (2) breach of contract, (3) fraud, (4) negligence, (5) unfair competition, and (6) breach of implied covenant of good faith and fair dealing.  Plaintiffs claim damages in the amount of $180,000 plus interest, costs and attorneys’ fees.     

Plaintiffs filed a proof of service showing Ortiz and ODBI were substitute served on February 1, 2021.  Defendants were obligated to respond within 30 days. Defendants did not do so. Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on March 18, 2021 and August 7, 2023.  Plaintiff is now seeking a default judgment.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment. 

RELIEF REQUESTED

Default judgment against Defendants for a total of $257,438.02 consisting of (1) $180,000 in damages, (2) $60,712.92 in interest, (3) $14,332.50 in attorneys’ fees and (4) $2,402.60 in costs.

ANALYSIS

Code of Civil Procedure § 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc. §585(a).)

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)

Here, Plaintiffs have met the procedural and substantive requirements for entry of a default judgment.  Substantively, Plaintiffs declare via declaration and supporting exhibits that there have been damages in the amount of $180,000.  (Lloyd Decl. ¶ 7, Ex. B to Lloyd Decl.)  Plaintiffs have set forth a calculation for prejudgment interest (of $60,712.92).  (Case Summary at p.4.)  Plaintiffs have also articulated a statutory basis for attorneys’ fees (Bus. & Prof. Code § 7160), and provided a declaration quantifying the amount of attorneys’ fees ($14,332.50). (Urbach Decl. ¶11.)  Plaintiffs have also provided a calculation of their costs (of $2,402.60) in item 7 of the CIV 100 form.  Procedurally, Plaintiffs properly served Defendants more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, filed a proposed judgment (JUD-100) and filed a request for dismissal of the doe defendants.  Accordingly, default is appropriate here. 

CONCLUSION AND ORDER

For the foregoing reasons, Plaintiffs Todd Benton and Amy Lloyd’s Request for Default Judgment is GRANTED as to Defendants Pablo Ortiz and One Day Builders, Inc.  Default judgment in the amount of $257,438.02 is awarded in favor of Plaintiffs.