PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Forwardline Financial, LLC  

RESPONDING PARTY: Anglin Services LLC and Shannell Lake 

BACKGROUND 

This dispute arises from breach of a loan agreement.  Defendant Anglin Services LLC (“Anglin”) entered into a loan agreement with Plaintiff Forwardline Financial LLC.  The agreement provided that Plaintiff would loan Anglin $42,500.  Defendant Shannell Lake executed a personal guarantee in favor of Plaintiff, whereby if Anglin defaulted on the loan, Lake would be personally responsible to Plaintiff.   

Anglin defaulted on the loan, and Lake has failed to pay any amounts due to Plaintiff.  Defendants are indebted to Plaintiff in the sum of $36,785.80.    

On March 1, 2023, Plaintiff filed a Complaint against Defendants.  The Complaint alleges five claims for (1) account stated, (2) money lent at defendant’s request, (3) open book account, (4) breach of contract, and (5) breach of guarantee.  The Complaint seeks damages of $36,785.80 plus interest and attorney’s fees.    

Plaintiff filed a proof of service showing Defendants were substitute served on May 27, 2023.  Defendants were obligated to respond within 30 days. Defendants did not do so. Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on October 6, 2023.  Plaintiff requested a default judgment.  Plaintiff 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 $44,829.11 consisting of (1) $36,785.80 in damages, (2) $6,218.31 in interest, (3) $1,200 in attorneys’ fees and (4) $625 in 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, to obtain default judgment, Plaintiff must have properly served Defendants.  Plaintiff served Defendants by substitute service, which requires Plaintiff to have made at least two or three attempts at personal service.  (Espindola¿v.¿Nunez¿(1988) 199 Cal.App.3d 1389, 1392 (“Ordinarily, …¿two or three attempts at personal service at a proper place should fully satisfy the requirement of reasonable diligence and allow¿substituted service to be made.”)  The proofs of service show that only one attempt was made to serve Defendants personally.   

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Forwardline Financial LLC’s Request for Default Judgment is DENIED as to Defendants Anglin Services, LLC and Shannell Lake.