PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Shores Barrington, LLC 

RESPONDING PARTY: Gary Smith and Joella Smith  

BACKGROUND 

This is a rent collection case.  Defendants Gary Smith and Joella Smith (“Tenants”) entered into a written residential lease agreement with Defendant Shores Barrington, LLC (“Landlord”).  Tenants failed to pay rent since January 2021.  This action followed.   

On July 27, 2023, Landlord filed a Complaint against Tenants.  The Complaint alleges a single claim for recovery of Covid-19 rental debt.  The Complaint seeks damages in the amount of $71,109.52, plus interest at the rate of 10 percent per annum from March 1, 2023, and attorneys’ fees.   

Landlord filed a proof of service showing Defendant Gary Smith was personally served and Defendant Joella Smith was substitute served on August 3, 2023.  Tenants were obligated to respond within 30 days.  Tenants did not do so.  Landlord successfully requested the entry of Tenants’ default, which was entered by the Clerk’s Office on September 13, 2023 and September 18, 2023.  Landlord requested a default judgment on March 13, 2024.  Landlord served Tenants 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 in the total amount of $90,565.33 consisting of (1) $71,109.52 in damages, (2) $15,954.12 in interest, (3) $2,312.19 in attorneys’ fees, and (4) $1,189.50 in 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, Landlord has properly complied with the requirements for a default judgment. Substantively, Landlord attests via declaration that Tenants have defaulted on the rental agreement by failing to pay rent, and the total amount of rent due (deducting rental assistance payments and the security deposit) is $71,109.52.  (Magill Decl. ¶6.)  Landlord also provides a contractual basis for its request for attorneys’ fees – they are allowed under paragraph 14e of the lease agreement – and a calculation for the fees.  (Id. ¶8.)  Landlord further provides a calculation for prejudgment interest at the rate of 10% per annum, totaling $15,954.12.  (Id.)  Landlord also provides a calculation for its request for costs in item 7 of the CIV 100 form.  Procedurally, Landlord properly served Tenants 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 Tenants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Shores Barrington, LLC’s Request for Default Judgment against Defendants Gary Smith and Joella Smith is GRANTED.  Judgment in the amount of $90,565.33 is awarded in favor of Plaintiff.