PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Bank of America, N.A. 

RESPONDING PARTY: None 

BACKGROUND 

This case arises from monies owed on a credit card account.  Defendant Gary Clay Glass Alkana defaulted on monthly payments on a credit card account issued by Plaintiff Bank of America, N.A.   

On June 3, 2022, Plaintiff filed a Complaint against Defendant alleging two claims, for an open book account and account stated.  The Complaint seeks $36,693 in damages.   

Plaintiff filed a proof of service showing Defendant was personally served with the Complaint on June 10, 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 November 28, 2022.  Plaintiff also requested a default judgment on November 28, 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 $40,398, which is comprised of: (1) $39,892, for damages and (2) $506, 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, there is a discrepancy in the amounts sought as between Plaintiff’s CIV 100 form and the proposed judgment.  The CIV 100 form seeks damages of $39,892, while the proposed judgment seeks $36,293 in damages which is consistent with the amount stated in Plaintiff’s summary of the case.  Further, to the extent Plaintiff is seeking $39,892, the amount cannot be granted as it is in excess of that demanded in the Complaint ($36,693).  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 Bank of America, N.A.’s Request for Default Judgment is DENIED WITHOUT PREJUDICE.  This Status Conference re: Entry of Default Judgement is continued to June 8, 2023 at 9:00 a.m.