PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Maxim Commercial Capital, LLC 

RESPONDING PARTY: Khatirtransportation, LLC and Ahmed Mohamadian Abdalla 

BACKGROUND 

This is a breach of contract case.  Plaintiff Maxim Commercial Capital, LLC entered into a written equipment finance agreement (the “Agreement”) with Defendants Ahmed Mohamadian Abdalla and Khatirtransportation, LLC.  Plaintiff agreed to finance Defendants’ purchase of a 2018 Freightliner Cascadia CA126SLP, VIN No. 3AKJHHDR8JSHM7897 (the “Collateral”).  As consideration, Defendants obligated themselves to make certain specified monthly payments to Plaintiff.   

Under the terms of the Agreement, Defendants were required (1) to maintain the Collateral in good working order, repair and condition, (2) bear the entire risk of loss and be responsible for any loss or damage relating to the Collateral and/or caused by the Collateral, from any cause whatsoever, and (3) pay for and maintain all-risk insurance insuring the Collateral for not less than its full replacement cost against all risks of loss or damage from every cause whatsoever and naming Plaintiff, its successors and assigns as the sole Loss Payee and an Additional Insured. 

Defendants were involved in an accident with the Collateral, and the Collateral was deemed a total loss.  Defendants failed to pay for and maintain insurance for the Collateral, and as a result, Plaintiff received no insurance payment for the loss. 

Defendants failed to make payments due under the Agreement.  As a result of the default, Plaintiff accelerated the balance due under the Agreement and made demand on Defendants for immediate payment of the accelerated balance.   

On April 19, 2023, Plaintiff filed a Complaint against Defendants.  The Complaint alleges two claims for (1) breach of contract and (2) a common count for money lent.  The Complaint seeks (1) the principal amount of $105,204.65, (2) prejudgment interest at the legal rate of 10% per annum from and after December 19, 2022, and (3) attorneys’ fees as provided by the Agreement.    

Plaintiff filed a proof of service showing Defendants were served by publication on December 29, 2023, January 5, 2024, January 12, 2024 and January 19, 2024.  Defendants were obligated to respond.  Defendants did not do so.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on March 14, 2024.  Plaintiff requested a default judgment on March 19, 2024.  Defendants have not appeared. 

RELIEF REQUESTED 

Default judgment against Defendants for a total of $123,318.07, which is comprised of: (1) $105,204.65, for damages, (2) $12,565.52 in interest, (3) $2,942.05 in attorneys’ fees and (4) $2,605.85, 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 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 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 attests via declaration that there have been damages in the amount of $105,204.65 as amounts owed by Defendants under the Agreement.  Plaintiff also provides via declaration a calculation of the interest sought of $12,565.62.  There is a contractual basis for Plaintiff’s request for attorneys’ fees, and the amount of fees sought is supported by counsel’s declaration.  A memorandum of costs in the amount of $2,605.85 is set forth in Item 7 of the CIV-100 form.  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 the fictitious 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 Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Maxim Commercial Capital LLC’s Request for Default Judgment is GRANTED as to Defendants Khatirtransportation LLC and Ahmed Mohamadian Abdalla.  Default judgment in the amount of $123,318.07 is awarded in favor of Plaintiff.