PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Grobstein Teeple, LLP  

RESPONDING PARTY: Mehrdad Sahafi 

BACKGROUND 

This is a breach of contract case.  Defendant Mehrdad Sahafi retained Plaintiff Grobstein Teeple to perform forensic consulting services in connection with his divorce proceedings.  Plaintiff claims Defendant failed to pay $47,500 in invoices.   

On July 3, 2023, Plaintiff filed a Complaint against Defendant.  The Complaint alleges claims for breach of contract and common counts.  The Complaint seeks $47,500 in damages plus interest and attorneys’ fees.   

Plaintiff filed a proof of service showing Defendant was served by publication on December 14, 2023, December 21, 2023, December 28, 2023 and January 4, 2024.  Defendant was obligated to respond. Defendant did not do so. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on March 5, 2024.  Plaintiff requested a default judgment on March 5, 2024. 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 $53,775.14, which is comprised of: (1) $47,500, for damages, (2) $5,582.88 in interest, and (2) $692.26, 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 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 $47,500 as amounts owed by Defendant.  Plaintiff also provides via declaration a calculation of the interest sought of $5,582.88.  A memorandum of costs in the amount of $692.26 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 Grobstein Teeple LLP’s Request for Default Judgment is GRANTED as to Defendant Mehrdad Sahafi.  Default judgment in the amount of $53,775.14 is awarded in favor of Plaintiff.