PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Civil Service Employees Insurance Company  

RESPONDING PARTY: Glamuzina Flooring Co. and George Glamuzina 

BACKGROUND 

This case arises from a claim of negligence.  Plaintiff Civil Service Employees Insurance Company (“CSE”) insured a home owned by David Langer located at 612 N. Elm Drive, Beverly Hills, California.  Defendants Glamuzina Flooring Co. and George Glamuzina were hired to perform construction services.  Plaintiff alleges Defendants left the water running at the home, resulting in significant water damage.  Langer reported the loss to Plaintiff, and payments were made to, or on behalf of, Langer in the amount of $644,314.66. 

On May 19, 2023, Plaintiff filed a Complaint against Defendants.  The Complaint alleges a subrogation claim for negligence.  The Complaint seeks $644,314.66 in damages.    

Plaintiff filed a proof of service showing Glamuzina Flooring Co. was served by substitute service on May 31, 2023 and George Glamuzina by substitute service on June 4, 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 August 9, 2023.  Plaintiff requested a default judgment on September 6, 2023.  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 $642,496.11, which is comprised of: (1) $641,814.66, for damages, and (2) $681.45, 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 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 $641,814.66 as damages stemming from Defendants’ negligent construction.  Documents showing the payments issued to, or on behalf of Langer, are attached as exhibits and authenticated by a further declaration.  A memorandum of costs in the amount of $681.45 is set forth in Item 7 of the CIV-100 form and is further supported by a declaration.  Procedurally, Plaintiff properly served Defendant 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 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 Civil Service Employees Insurance Company’s Request for Default Judgment is GRANTED as to Defendants George Glamuzina and Glamuzina Flooring Co.  Default judgment in the amount of $642,496.11 is awarded in favor of Plaintiff.