PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: VZ Construction Company  

RESPONDING PARTY: Jose Matia Maranon dba J&J General Contractors 

BACKGROUND 

Plaintiff VZ Construction Company entered into a construction subcontract agreement (the “Agreement”) with Defendant Jose Matia Maranon dba J&J General Contractors.  Under the agreement, Defendant agreed to provide stucco and related services to the real property located at 722 N. Camden Dr., Beverly Hills, California (the “Property”).  In exchange, Plaintiff agreed to pay Defendant $81,400.   

The Agreement attached a schedule which Defendant initialed, requiring Defendant to begin work on August 10, 2021 and to complete work by September 10, 2021.  The subcontract further provided for liquidated damages of $250 per day for any delay. 

Plaintiff paid Defendant $21,000 as an initial payment to purchase materials and commence work on August 10, 2021.  However, Defendant failed to begin work as agreed and to deliver any materials to the site.  Defendant’s failure to perform continued for 28 days, at which point Plaintiff was left with no choice but to fire Defendant.  After termination, Plaintiff requested a refund of the $21,000 but no money has been returned.   

On July 28, 2023, Plaintiff filed a complaint alleging four claims for (1) breach of written contract, (2) conversion, (3) constructive trust, and (4) declaratory relief.  The Complaint seeks $21,000 in damages plus interest, attorneys’ fees and costs.   

Plaintiff filed a proof of service showing Defendant was served by substitute service on August 7, 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 September 21, 2023.  Plaintiff requested a default judgment.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.   

RELIEF REQUESTED 

Default judgment against Defendant for a total of $27,269.22 consisting of (1) $21,000 in damages, (2) $5,655.62 in prejudgment interest at the rate of 10% per annum, and (3) $613.60 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, 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 $21,000.  A memorandum of costs in the amount of $613.60 is set forth in Item 7 of the CIV-100 form and is supported by counsel’s declaration.  The amount of the prejudgment interest (of $5,655.62) is also supported by counsel’s 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff VZ Construction Company’s Request for Default Judgment is GRANTED as to Defendant Jose Matia Maranon dba J&J General Contractors.