PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Cantaloupe Holdings LLC, dba Beachwood Post-Acute & Rehab  

RESPONDING PARTY: Gwendolyn Jackson and Kimberly Ransom Lundy 

BACKGROUND 

This case arises from a breach of contract.  Plaintiff Cantaloupe Holdings, LLC dba Beachwood Post Acute & Rehab entered into a contract to provide skilled nursing care to Defendant Gwendolyn Jackson.  Defendant Kimberly Ransom Lundy signed the contract as Jackson’s agent, and she is also the Medi-Cal agent for Jackson which means she manages, uses and controls the funds and assets of Jackson.  Plaintiff previously obtained a judgment against Defendants in the amount of $71,141.78 for unpaid charges from May 11, 2017 through October 31, 2020.  Plaintiff now seeks to recover charges incurred from November 1, 2020 through May 31, 2022.   

On June 14, 2022, Plaintiff filed a Complaint against Defendants and Does 1 to 20.  The Complaint alleges four claims for (1) breach of written contract, (2) failure to pay Medi-Cal share of cost obligation, (3) common counts, and (4) quantum meruit.  The Complaint seeks $42,601.27 in damages, plus 10% per annum in interest, attorneys’ fees and costs.    

Plaintiff filed proofs of service showing Jackson was personally served with the Complaint on June 28, 2022 and Lundy was served with the Complaint by substitute service on July 14, 2022.  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 October 24, 2022.  Plaintiff then requested a default judgment on February 7, 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 $32,427.84, which is comprised of: (1) $30,730.24, for damages, (2) 737.60, for costs, and (3) $960, 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 non-monetary 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 attests via declaration that there have been damages in the amount of $30,730.24 due to Defendants’ alleged wrongdoing, an amount less than that specified in the Complaint.  A memorandum of costs for $737.60 has been provided in item 7 of Plaintiff’s CIV-100 form.  A claim for attorneys’ fees is allowed under the statute, and the amount sought ($960) is supported by a declaration.  The evidence submitted (a contract for skilled nursing care and an accounting of charges) 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, dismissed all fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, submitted a declaration of non-military status 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, Plaintiff Cantaloupe Holdings LLC’s request for default judgment is GRANTED as to Defendants Gwendolyn Jackson and Kimberly Ransom-Lundy.  Default judgment in the amount of $32,427.84 is awarded in favor of Plaintiff Cantaloupe Holdings, LLC.