PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: WNS North America, Inc. 

RESPONDING PARTY: Aspiration Partners, Inc. 

BACKGROUND 

This is a breach of contract case.  Defendant Aspiration Partners Inc. entered into a written agreement for the purchase of fraud investigation services from Plaintiff Aspiration Partners Inc.  Plaintiff alleges it performed the services, but Defendant failed to pay.   

On June 13, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges four claims for (1) breach of contract, (2) book account, (3) account stated, and (4) unjust enrichment.  The Complaint seeks $129,159.75 plus prejudgment interest and attorneys’ fees.   

Plaintiff filed a proof of service showing Defendant was personally served on October 31, 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 December 13, 2023.  Plaintiff requested a default judgment on January 19, 2024.  Plaintiff served the request for entry of default and request for default judgment on Defendant by mail.  Defendant has not appeared. 

RELIEF REQUESTED 

Default judgment against Defendant for a total of $143,618.88, which is comprised of: (1) $129,159.75 for damages, (2) $13,906.78 in interest, and (3) $552.35, 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 attests via declaration that there have been damages in the amount of $129,159.75.  Plaintiff’s custodian of records has authenticated the written agreement, account statements and other account information demonstrating the debt owed by Defendant.  The calculation of the prejudgment interest (of $13,906.78) is supported by counsel’s declaration.  A memorandum of costs in the amount of $552.35 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 WNS North America, Inc.’s Request for Default Judgment is GRANTED as to Defendants Aspiration Partners, Inc.  Default judgment in the amount of $143,618.88 is awarded in favor of Plaintiff.