Judge: Edward B. Moreton, Jr., Case: 22SMCV00766, Date: 2024-04-09 Tentative Ruling
Case Number: 22SMCV00766 Hearing Date: April 9, 2024 Dept: 205
STRATEGIC FUNDING SOURCE INC.,
Plaintiff, v.
SANTA MONICA OBSERVER NEWSPAPER, SNMC LLC, DAVID GANEZER, and DOES 1 through 20, inclusive,
Defendants. |
Case No.: 22SMCV00766 Hearing Date: April 9, 2024 [TENTATIVE] ORDER RE: PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT
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BACKGROUND
On May 26, 2022, Plaintiff Strategic Funding Source, Inc. dba Kapitus (“Plaintiff”) filed a Complaint asserting four causes of action for breach of contract against Defendants David Ganezer, Santa Monica Observer Newspaper, and SNMC LLC (collectively, “Defendants”).
Defaults were entered against the Defendants on January 23, 2024. On the same day, Plaintiff filed papers seeking the entry of default judgment against the Defendants in the total amount of $41,696.84, consisting of $34,459.00 as the demand of the complaint, $5,279.80 in interest, $609.27 in costs, and $1,348.77 in attorney fees.
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LEGAL STANDARD
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.)
DISCUSSION
Upon review of the default judgment application, the Court finds it to be deficient for the following reasons. First, Plaintiff solely relies on the declaration of its counsel to support its application, but as counsel of record, it is unlikely that Plaintiff’s counsel had personal knowledge of the events that transpired leading up to Defendant’s default or of the exhibits relied upon. Code of Civil Procedure § 585(d) requires that the declarant to have personal knowledge of the facts stated in the declaration. Thus, a declaration of Plaintiff’s officer or custodian of record is needed instead. To the extent that Plaintiff relies on its counsel’s declaration to provide a summary of the case and to support the requested costs, interest calculations, and attorney fees, this is permissible. Second, the proposed judgment does not specify that it would be imposed jointly and severally against the Defendants.
Accordingly, because of these deficiencies, the application for entry of default judgment is denied.
CONCLUSION
For the foregoing reasons, the Court DENIES without prejudice Strategic Funding Source, Inc.’s application for default judgment.
DATED: April 9, 2024 ___________________________
Edward B. Moreton, Jr.
Judge of the Superior Court