PROCEEDINGS: REQUEST FOR DEFAULT JUDGMENT  

MOVING PARTY: Plaintiff Sunset Park Holdings, LLC 

RESP. PARTY: Defendant David Bland aka David A. Bland aka David Alan Bland 

BACKGROUND 

This case arises from a breach of a lease guaranty.  Plaintiff Sunset Park Holdings, LLC is the owner of a multi-tenant commercial building located at 8305 Sunset Blvd, West Hollywood, California (the “Property”).  Positive Spin LLC doing business as CycleBar entered into a lease (“Lease”) for Unit E of the Property (the “Premises”).  Aside from the rent, CycleBar agreed to pay 25% of the common area operating expenses (“CAMS”).  Defendant David Bland is the sole owner and manager of CycleBar.  Defendant provided a personal guaranty of the Lease, agreeing to guarantee payment of all rents and other charges payable to Plaintiff under the Lease.  The Lease was amended four times, to provide Cyclebar a more graduated rent schedule.  Despite these amendments, CycleBar breached the Lease by ceasing to pay rent on April 1, 2020 and later vacating the Premises in November 2020.  Defendant also breached the Guaranty by refusing to pay the rent and other amounts due Plaintiff under the Lease.     

On April 6, 2022, Plaintiff filed a Complaint with a single claim for breach of Guaranty.  The Complaint sought (1) rent, CAMS, parking fees, and late fees of $502,313.31, (2) due and unpaid contract interest of $55,427.73 pursuant to Section 13.5 of the Lease, and (3) fees paid for brokerage commissions in the amount of $82,449.38, pursuant to Section 13.2(a)(iv) of the Lease. 

Plaintiff filed a proof of service showing Defendant was personally served with the Complaint on June 2, 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 2, 2022.  Plaintiff then requested a default judgment on November 8, 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 $871,592.47, which is comprised of: (1) $736,212.70, for damages, (2) $134,591.77, for interest at 10% per annum, and (3) $788, for costs.   

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 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 complied with the requirements for a default judgment. Plaintiff seeks damages in the amount of $736,212.70, which is in excess of that demanded in the Complaint ($640,190.42).  Code Civ. Proc. § 580 provides that “the relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint.”  A default judgment greater than the amount specifically demanded in the complaint is void as beyond the court’s jurisdiction. (Greenup v. Rodman (1986) 42 Cal.3d 822, 826; see also Finney v. Gomez (2003) 111 Cal.App.4th 527, 534 [“[T]he courts have reaffirmed the language of section 580 is mandatory. Therefore, in all default judgments the demand sets a ceiling on recovery.”).) 

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Sunset Park Holdings LLC’s Request for Default Judgment is DENIED WITHOUT PREJUDICE.