PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Bliss Media US, LLC  

RESPONDING PARTY: SPD Productions LLC, SPD Intellectual Property LLC, DasFilms Ltd 

BACKGROUND 

This case arises from a breach of a settlement agreement.  Plaintiff Bliss Media US, LLC obtained judgment against Defendant S.P. Das Enterprises LLC d/b/a Das Films, in the original principal amount of $1,249,284.  Das Films did not satisfy the judgment.   

During Plaintiff’s efforts to enforce the judgment, Plaintiff and Das Films entered into a “Resolution Agreement.”  The Resolution Agreement requires Das Films to make certain payments to Plaintiff.  Das Films’ obligations under the Resolution Agreement are guaranteed by S.P. Das Films, LLC, SPD Productions LLC, SPD Intellectual Property, LLC and DasFilms Ltd. (collectively “Guarantors”).  Sriram Das wholly owns and controls Das Films and the Guarantors.   

Das Films defaulted under the terms of the Resolution Agreement by, among other things, failing to make required payments to Plaintiff.  Plaintiff demanded that Das Films, Guarantors and Sriram Dass cure the default.  They failed to do so.   

On February 6, 2023, Plaintiff filed a Complaint against Defendants.  The Complaint alleges a single claim for breach of the guaranty.  The Complaint seeks $1,498,372.12 plus interest.   

Plaintiff filed a proof of service showing Defendants SPD Intellectual Property, LLC, SPD Productions LLC, DasFilms Ltd. were served personally on February 8, 2023.  Defendants were required to respond within 30 days.  They failed to do so.   

Plaintiff now seeks default judgment against Defendants SPD Intellectual Property, LLC, SPD Productions LLC and DasFilms Ltd.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on October 17, 2023.  The Court previously denied the request for faulty service.       

RELIEF REQUESTED 

Default judgment against Defendants for a total of $1,498,807.12, which is comprised of: (1) $1,498,372.12, for damages and (2) $435, 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.)  

Plaintiff has properly complied with all the requirements for a default judgment.  Substantively, Plaintiff declares via declaration that there have been damages in the amount of $1,498,372.12.  A memorandum of costs in the amount of $435 is set forth in Item 7 of the CIV-100 form.  The evidence submitted is authenticated by further declaration.  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, requested dismissal of doe 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 (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from these Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Bliss Media US, LLC’s Request for Default Judgment is GRANTED as to Defendants SPD Intellectual Property, LLC, and SPD Productions LLC.