PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Ultimate Host LLC 

RESPONDING PARTY: Juan Antonio Molina 

BACKGROUND 

This case arises from a dispute over a short term rental.  Plaintiff Ultimate Host LLC is a concierge company that provides high-end short-term rentals.  Defendant Juan Antonio Molina rented one of Plaintiff’s homes located at 9704 Cashio Street, Los Angeles, California (the “Premises”).  Defendant failed to pay rent and held unauthorized parties at the Premises, resulting in significant damage to the Premises.       

On January 13, 2022, Plaintiff filed a Complaint against Defendant and Does 1 to 20.  The Complaint alleges two causes of action for breach of contract and fraud.  The Complaint seeks $49,618 in damages (comprising of $17,908 in rent and $31,700 in damage to the Premises), plus interest, attorneys’ fees and costs.    

Plaintiff filed a proof of service showing Defendant was personally served with the Complaint on June 29, 2022. Defendant was obligated to respond within 30 days. Defendant did not do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on August 23, 2022.  Plaintiff then requested a default judgment on August 29, 2022.  Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendant has not appeared. 

RELIEF REQUESTED 

Default judgment against Defendant for a total of $54,618, which is comprised of: (1) $49,618, for damages, and (2) $5,000 for attorneys’ fees.  

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 Code Civ. Proc. § 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, Plaintiff has not properly complied with the requirements for a default judgment.  Plaintiff seeks $5,000 in attorneys’ fees.  Local Rule 3.207 provides that “[i]f attorneys’ fees are awarded on default, they shall be determined in accordance with¿Local Rule 3.214.”  Pursuant to Local Rule 3.214, Plaintiff is entitled to only $1,982.36 in attorneys’ fees.  While the Court may award fees beyond Local Rule 3.214, Plaintiff would need to have submitted a declaration explaining why a greater amount should be awarded and an itemized statement of the services rendered or to be rendered.  (Local Rule 3.214(d).) 

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Ultimate Host LLC’s Request for Default Judgment is DENIED without prejudice.  The status conference re default judgment is continued to July 28, 2023 at 9:00 a.m.