PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Forwardline Financial, LLC 

RESPONDING PARTY: Alton Burger Palace LLC 

BACKGROUND 

This case arises from a dispute over a loan agreement.  Plaintiff Forwardline Financial LLC entered into a loan and security agreement (“Agreement”) with Defendant Alton Burger Palace, LLC for the principal amount of $33,965.00, with a maturity date of February 19, 2023.  Defendant Pamela Charbauski personally guaranteed the full and prompt payment by Alton Burger of all sums due under the Agreement.  Alton Burger failed to remit payments due under the Agreement, and Charbauski failed to cure the breach of her personal guarantee.    

On July 29, 2022, Plaintiff filed a Complaint against Defendants.  The Complaint alleges a claim for breach of contract and common counts for account stated and open book account.  The Complaint seeks damages in the amount of $43,723.19 plus attorney’s fees, costs and prejudgment interest.       

Plaintiff filed a proof of service showing Defendants were personally served with the Complaint on August 6, 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 November 10, 2022.  Plaintiff requested a default judgment on November 8, 2022.  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 $47,907.62, which is comprised of: (1) $43,723.19, for damages, (2) $2,599.43 for interest, (3) $585, for costs, and (4) $1,000 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 attests via declaration that there have been damages in the amount of $43,723.19 as amounts owing under the Agreement.  Plaintiff has provided a declaration for calculation of interest at the rate of 10% per annum, for a total sum of $2,599.43.  A memorandum of costs for $585 has been provided in item 7 of Plaintiff’s CIV-100 form.  Plaintiff has stated a statutory basis for its request for attorneys’ fees and has provided a declaration in support of the calculation of such fees.  The evidence submitted (the loan and security agreement, the personal guarantee and an interest calculation) is authenticated by further declarations.  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, provided a declaration of non-military status, dismissed all fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment.  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 Forwardline Financial, LLC’s Request for Default Judgment is GRANTED as to Defendants Alton Burger Palace LLC and Pamela Charbauski.  Default judgment in the amount of $47,907.62 is awarded in favor of Plaintiff.