PROCEEDINGS: REQUEST FOR DEFAULT JUDGMENT  

MOVING PARTY: Plaintiff Dakota Financial LLC 

RESPONDING PARTY: Defendants Family Pride Trucking Co. LLC, Rosa Elena Hernandez, Jose Maria Hernandez 

BACKGROUND 

This case arises from a breach of a lease agreement.  Plaintiff Dakota Financial LLC (“Lessor”) entered into a lease agreement with Defendant Family Pride Trucking Co. LLC (“Lessee”) on June 29, 2021 (the “Lease”) for a 2016 Freightliner Cascadia.  Defendants Rosa Elena Hernandez and Jose Maria Hernandez (“Guarantors”) executed two separate guarantees (the “Guaranty”), which guaranteed payment by Lessee of all sums to be paid under the terms of the Lease.  Lessee defaulted on the Lease, and Guarantors failed to perform on the Guaranty.   

On March 2, 2022, Lessor filed the complaint which alleges causes of action for (1) breach of the Lease, (2) open book, (3) account stated, (4) reasonable value, (5) breach of Guaranty, (6) possession, and (7) willful and malicious conversion.  The Complaint seeks damages of $61,143.41 and interest at the rate of 18% per annum from February 4, 2022. 

Plaintiff filed a proof of service showing that Lessee and Rosa Hernandez were personally served on March 17, 2023.  Defendant Jose Maria Hernandez was served by substitute service on March 17, 2023.  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 May 9, 2023.  Plaintiff requested a default judgment on May 8, 2023.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared.   

RELIEF REQUESTED 

Default judgment against Defendants for a total of $71,592.77, which is comprised of: (1) $61,143.41; (2) $7,671.50, for interest at 10% per annum; (3) $665, for costs; and (4) $2,112.86, for attorneys’ fees.  Plaintiff also seeks repossession of the truck.   

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) 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, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration that there have been damages in the amount of $61,143.41.  A memorandum of costs in the amount of $665 is set forth in Item 7 of the CIV-100 form.  Plaintiff’s request for attorneys’ fees is based on contract and is supported by a declaration.  The evidence submitted (the lease, guaranty, and accounting) is authenticated by further declaration.  Procedurally, Plaintiff 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, 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, the Court GRANTS Plaintiff Dakota Financial LLC’s request for default judgment in the amount of $71,592.77.  Plaintiff is entitled to immediate possession of 2016 Freightliner Cascadia, Vin No. 3AKJGLD51GSGX9390.