PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Michelman & Robinson, LLP  

RESPONDING PARTY: Jeremy Byk 

BACKGROUND 

This is a breach of contract case.  Plaintiff Michelman & Robinson LLP entered into a written agreement with Defendant Jeremy Byk to provide legal services.  Defendant defaulted by failing to pay fees due under the parties’ agreement.   

On February 15, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges four claims for breach of contract, account stated, quantum meruit and open book account.  The Complaint seeks $47,475.72 plus interest at the legal rate, from September 30, 2021.     

Plaintiff filed a proof of service showing Defendant was served by publication on July 5, 2023.  Defendant was obligated to respond within 30 days. Defendant did not do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on August 24, 2023.  Plaintiff requested a default judgment on October 2, 2023. 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 $47,475.72, which is comprised of: (1) $47,475.72, for damages, (2) $9,464 for interest, and (3) $728.51, 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, Plaintiff seeks $47,475.72 as amounts owing under the parties’ agreement.  However, the invoices it submitted in support of its request show only $46,701.72 as amounts owing.  There is no explanation for this discrepancy.  Accordingly, the Court denies the request for default judgment.   

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Michelman & Robinson LLP’s Request for Default Judgment is DENIED as to Defendant Jeremy Byk.