PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Dry Care Restoration, Inc.  

RESPONDING PARTY: Yuval Ziv 

BACKGROUND 

This case arises from a petition to confirm arbitration award.  Petitioner Dry Care Restoration Services performed emergency mitigation services at a property owned by Respondent Yuval Ziv.  Petitioner claims Respondent refused to pay for the work.   

The parties’ contract required them to submit their claims to mandatory and binding arbitration in Los Angeles County, conducted by ADR Services before an arbitrator mutually agreeable to the parties and in accordance with the rules of the arbitration service provider.   

An arbitration hearing was conducted on November 9, 2022, and the arbitrator issued an award in favor of Petitioner, requiring Respondent to pay the amount of $63,131.61 plus attorney’s fees, costs and interest.   

Petitioner filed a proof of service showing Respondent was served by publication on May 16, May 23, May 30 and June 6, 2023.  A copy of the petition was also sent to Respondent’s last known address and emailed to his lawyer.  Respondent was obligated to respond.  Respondent did not do so.  Petitioner successfully requested the entry of Respondent’s default, which was entered by the Clerk’s Office on July 13, 2023.  Petitioner requested a default judgment on August 4, 2023.  Respondent has not appeared. 

RELIEF REQUESTED 

Default judgment against Respondent for a total of $75,520.22, which is comprised of: (1) $63,131.61, for damages, (2) $3,372.78 in interest, (3) $7,422 in attorneys’ fees, and (4) $1,593.83, 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; (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, Petitioner has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Petitioner declares via declaration that there is an arbitration award in favor of Petitioner, in the amount of $63,131.61, plus interest, fees and costs.  A memorandum of costs in the amount of $1,593.83 is set forth in Item 7 of the CIV-100 form.  Petitioner also seeks attorneys’ fees of $7,422 and prejudgment interest of $3,372,78, both of which are supported by declaration.  Procedurally, Petitioner properly served Respondent 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, requested damages in amounts supported by the filings and not in excess of the amount stated in the Petition, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Respondent, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Petitioner Dry Care Restoration Inc.’s Request for Default Judgment is GRANTED as to Respondent Yuval Ziv.  Default judgment in the amount of $75,520.22 is awarded in favor of Petitioner.