PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Michael Greene and Greene & Co. International, LLC 

RESPONDING PARTY: Vincent Herbert, GloeJoe Music Inc. And Trend-Scend LLC 

BACKGROUND 

This case arises from a dispute over an unpaid invoice.  Plaintiffs Michael Greene and Green & Co. International LLC entered into an agreement to create seven custom pieces of jewelry for Defendants Vincent Herbert, Glojoe Music, Inc. and Tren-Scend LLC.  Plaintiffs allege Defendants made numerous misrepresentations to Plaintiffs about their ability to pay, inducing Plaintiffs to extend a line of credit and accept partial payment from Defendants for $20,000.  Defendants’ $20,000 check was ultimately returned for insufficient funds.   

On March 24, 2021, Plaintiffs filed a Complaint against Defendants and Does 1 through 50.  The Complaint alleges two causes of action for (1) breach of contract and (2) fraud and deceit.  The Complaint seeks “$66,320.12, together with interest from May 20, 2019, and legal fees and costs.”  (Compl. ¶ 22.)  The Complaint also seeks punitive damages.     

Plaintiffs filed a proof of service showing Defendants were served by substituted service on December 10, 2021.  Defendants were obligated to respond within 30 days. Defendants did not do so. Plaintiffs successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on April 29, 2022.  Plaintiffs then requested a default judgment on October 26, 2022.  The Court denied the Request for Default Judgment because it sought damages greater than that stated in the Complaint.  Plaintiffs filed a renewed request for default judgment on August 17, 2023.  Defendants have not appeared.   

RELIEF REQUESTED 

Default judgment against Defendants for a total of $68,856.96, which is comprised of: (1) $66,320.12, for damages, and (2) $2,536.84 for costs.  Plaintiffs are not seeking prejudgment interest or attorneys’ fees.  They have also dismissed their claim for punitive damages.   

ANALYSIS 

Code of Civil Procedure section 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) a 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 properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiffs declare via declaration that there have been damages in the amount of $66,320.12.  Plaintiffs also provide via declaration a memorandum of costs in the amount of $2,536.84.  Plaintiffs seek no attorneys’ fees or interest.  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 dismissal of the fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiffs’ Request for Default Judgment is GRANTED.  Judgment is awarded in favor of Plaintiffs in the sum of $68,856.96.