PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Lai Cheung and Haun Cheung 

RESPONDING PARTY: Kenneth Randolph and Lisa Randolph 

 

BACKGROUND 

This case arises from breach of a promissory note.  In 2021, Defendants Kenneth and Lisa Randolph sought funding from Plaintiffs Lai Cheung and Haun Cheung to update and re-sell real property located at 10248 42nd Avenue SW, Seattle, Washington (“Property”).  Plaintiffs and Defendants executed a secured promissory note for $100,000 (the “Note”).   

Pursuant to the Note, all outstanding principal and all accrued interest was due and payable no later than September 1, 2022 or within nine (9) months of Defendants’ purchase of the Property, whichever occurred earlier.  Defendants purchased the Property on September 14, 2021, and accordingly, the principal amount, together with all accrued interest, was due to Plaintiffs no later than June 14, 2022. 

Defendants breached the terms of the Note by failing to pay the full principal amount and accrued interest to Plaintiffs.  Instead, Defendants paid only $14,980 of the principal amount, and Defendants have not paid any accrued interest.  Plaintiffs have made multiple demands that Defendants satisfy the balance due, but Defendants have failed to pay. 

On December 2, 2022, Plaintiffs filed a Complaint against Defendants, alleging a single claim for breach of contract.  The Complaint sought $100,000 in damages.   

Plaintiffs filed a proof of service showing Kenneth Randolph was personally served with the Complaint on January 8, 2023, and Lisa Randolph was served by substitute service on January 8, 2023.  Defendants were obligated to respond within 30 days.  Defendants did not do so.  Plaintiffs successfully requested the entry of Kenneth Randolph’s default, which was entered by the Clerk’s Office on February 17, 2023, and of Lisa Randolph’s default, which was entered on February 22, 2023.  Plaintiffs then requested a default judgment on April 3, 2023.  Plaintiffs 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 $109,369, which is comprised of: (1) $100,000, for damages, (2) $7,869.95 in interest, and (3) 1,499.05, 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 (preferably JUD-100); (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, there is a discrepancy between the amounts sought in form CIV 100 and the proposed judgment.  The proposed judgment seeks an award of $94,389 while Plaintiffs’ form CIV 100 seeks an award of $109,369.  Given this defect, the Court cannot enter a default judgment.   

CONCLUSION AND ORDER  

 

For the foregoing reasons, Plaintiffs’ Request for Default Judgment is DENIED WITHOUT PREJUDICE.