PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Fearless Talent Agency LLC  

RESPONDING PARTY: Joint Media Productions, LLC 

 

BACKGROUND 

Plaintiff Fearless Talent Agency, Inc. provides consulting services to companies to generate internet traffic and internet revenue for websites.  Plaintiff entered into a contract with Defendant Joint Media Productions, LLC to provide services to promote various websites.  The agreed fee was 17% of Defendant’s revenues.  Defendant failed to pay amounts due under the contract totaling $28,412.88. 

Defendant was dissolved by the Wyoming Secretary of State on October 5, 2022.  Plaintiff alleges, however, that Defendant did not follow the procedures set forth in Wyoming Statutes 17-29-702 requiring that debts be paid during winding up.  Plaintiff also alleges Defendant failed to provide the required notice to creditors, including Plaintiff.     

On March 7, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges claims for (1) open book account, (2) account stated, (3) quantum meruit and (4) declaratory judgment.  The Complaint seeks damages in the amount of $28,412.88, plus interest at the rate of 10 percent per annum from August 12, 2022 and attorneys’ fees and costs.      

Plaintiff filed a proof of service showing Defendant was served by personal service on April 6, 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 September 27, 2023.  Plaintiff requested a default judgment on the same date. 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 $33,265.10, which is comprised of: (1) $28,412.88, for damages, (2) $3,144.90 in interest, (3) $1,200 in attorneys’ fees and (2) $507.32, for costs.  

 

 

ANALYSIS 

 

Code Civ. Proc. § 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 105, (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 Code Civ. Proc. § 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 has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration that there have been damages in the amount of $28,412.88 as amounts owing on the parties’ agreement.  A memorandum of costs in the amount of $507.32 is set forth in Item 7 of the CIV-105 form and is supported by a declaration.  Plaintiff’s request for attorneys’ fees is supported by statute, Code Civ. Proc. § 1717.5(a)(1).  Procedurally, Plaintiff properly served Defendant more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-105 in a manner that would not void or put at issue the entry of default, requested dismissal of the fictitious defendants, 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 Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

 

For the foregoing reasons, Plaintiff Fearless Talent Agency LLC’s Request for Default Judgment is GRANTED as to Defendant Joint Media Productions, LLC.