PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: OurOffice, Inc.  

RESPONDING PARTY: Aspiration Partners, Inc.  

BACKGROUND 

This is a breach of contract case.  Defendant Aspiration Partners, Inc. retained Plaintiff OurOffice Inc. to provide workplace diversity package services.  The parties entered into a Services Agreement.  Plaintiff claims Defendant failed to pay $33,600 in invoices.   

On June 13, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges a single claim for breach of contract.  The Complaint seeks $33,600 in damages plus interest at the rate of 18% per year from December 10, 2022 and attorneys’ fees.   

Plaintiff filed a proof of service showing Defendant was served personally on January 31, 2024.  Defendant was obligated to respond within 30 days.  Defendant failed to do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on May 8, 2024.  Plaintiff now requests a default judgment.  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 $40,205.74, which is comprised of: (1) $33,600, for damages, (2) $4,602.74 in interest, (3) $605 in costs, and (4) $1,398.00, for attorneys’ fees.  

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 non-monetary 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 declares via declaration that there have been damages in the amount of $33,600 as amounts owed by Defendant.  Plaintiff also provides via declaration a calculation of the interest sought of $4,602.74.  Plaintiff’s claim is based on open book account which pursuant to Civ. Code §1717.5, entitles Plaintiff to reasonable attorneys’ fees, and Plaintiff has provided a calculation of attorneys’ fees of $1,398.  A memorandum of costs in the amount of $605 is set forth in Item 7 of the CIV-100 form.  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 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff OurOffice, Inc.’s Request for Default Judgment is GRANTED as to Defendant Aspiration Partners, Inc.  Default judgment in the amount of $40,205.74 is awarded in favor of Plaintiff.