PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Carmen Aguilar  

RESPONDING PARTY: Bluestone Lane Coffee  

BACKGROUND 

This is a personal injury case.  Plaintiff Carmen Aguilar was struck on the head by an outdoor umbrella belonging to Defendant Bluestone Lane Coffee.  The incident caused serious injuries to Plaintiff’s head, neck and right shoulder.  She was diagnosed with a concussion and suffered post-traumatic headaches.   

On October 7, 2022, Plaintiff filed a Complaint against Defendant.  The Complaint alleges two claims for general negligence and premises liability.  On March 11, 2024, Plaintiff filed a Statement of Damages, seeking (1) $1,000,000 for pain, suffering and inconvenience; (2) $500,000 for emotional distress; (3) $50,000 for medical expenses, and (4) $250,000 for future medical expenses.    

Plaintiff personally served Defendant with the Complaint and Statement of Damages on December 1, 2022.  Defendant was obligated to respond.  Defendant did not do so.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on March 11, 2024.  Plaintiff requested a default judgment on March 20, 2024.  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 $514,782.20, which is comprised of: (1) $13,910 in special damages, (2) $500,000 for general damages, and (3) $872.20 for costs.  

ANALYSIS 

Code Civ. Proc. § 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 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 no declaration to support the claim for $500,000 in general damages, resulting from alleged emotional distress.  The sole declaration filed by Plaintiff only addresses the request for $13,910 in special damages (comprising medical expenses incurred by Plaintiff).  Plaintiff¿must¿substantiate her claim for¿general¿damages¿with sufficient and admissible evidence including for example, a declaration from a treating physician or if Plaintiff’s emotional distress was not treated, a declaration from Plaintiff detailing the existence and extent of her emotional distress.  If Plaintiff is unable to¿support¿her allegations, then she must¿reduce the amounts sought accordingly. 

CONCLUSION AND ORDER 

For the foregoing reasons, the Court denies Plaintiff’s request for default judgment.   

No later than September 6, 2024, Plaintiff is to submit a new¿default¿judgment package correcting these defects.  Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. 

On the Court’s own motion, the Order to Show Cause Re: Request for Default Judgment scheduled for August 22, 2024 is continued to September 20, 2024 at 9:00 a.m.