PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Macerich Buenaventura Limited 

RESPONDING PARTY: SWH Mimi’s Café, LLC 

BACKGROUND 

This case arises from a landlord tenant dispute.  Plaintiff Macerich Buenaventura Limited owns the commercial property called Pacific View Ventura Mall, including Parcel 10 (the “Premises”).  Defendant SWH Mimi’s Café leased the Premises pursuant to a written lease agreement (the “Lease”).  Defendant defaulted on the Lease by failing to make all rental and other payments due.  Defendant then vacated the Premises eight months before the lease was set to expire.        

On July 13, 2022, Plaintiff filed a Complaint against Defendant and Does 1 to 20.  The Complaint alleges a single claim for breach of the Lease.  The Complaint seeks $458,977.27 in damages, plus interest, attorneys’ fees and costs.    

Plaintiff filed a proof of service showing Defendant was personally served with the Complaint on August 5, 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 September 7, 2022.  Plaintiff then requested a default judgment on September 15, 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 $503,117.50, which is comprised of: (1) $458,675.05, for damages, (2) $37,410, for interest, (3) $555, for costs, and (4) $6,476.75 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 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 $458,675.05 due to Defendant’s breach of the Lease, an amount less than that specified in the Complaint.  Additional damages for interest (in the amount of $37,410) are allowed by the contract, and Plaintiff has provided a declaration and spreadsheet supporting the calculation of interest.  A memorandum of costs for $555 has been provided in item 7 of Plaintiff’s CIV-100 form.  A claim for attorneys’ fees is allowed under the Lease, and the amount sought ($6,476.75) is supported by a declaration.  The evidence submitted (a Lease and a spreadsheet of amounts due) is authenticated by further declaration.  Procedurally, Plaintiff properly served Defendant 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, provided a declaration of nonmilitary 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Macerich Buenaventura Limited Partnership’s Request for Default Judgment is GRANTED as to Defendant SWH Mimi’s Café, LLC.  Default judgment in the amount of $503,117.50 is awarded in favor of Plaintiff Macerich Buenaventura Limited Partnership.