PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Arena Staffing  

RESPONDING PARTY: Rovazzini Electric, Inc. and University Credit Union 

BACKGROUND 

This case arises from a breach of contract.  Defendant Rovazzini Electric Inc. entered into a client services agreement (the “Agreement”) with Plaintiff Arena Staffing, whereby Plaintiff agreed to provide temporary employees and ancillary services to Rovazzini.  Plaintiff provided temporary employees and ancillary services to Rovazzini at a project known as “University Credit Union” (the “Project”).  Rovazzini failed to pay Plaintiff for the services in the amount of $59,842.90.   

Defendant University Credit Union (“University”) is the owner of the Project.  University contracted with DBSI as the general contractor on the Project.  DBSI in turn contracted with Defendant Rovazzini to act as an electrical subcontractor on the Project.  Plaintiff recorded a mechanic’s lien on the property where the Project is located.      

On August 2, 2023, Plaintiff filed a complaint against Defendants, alleging six claims for (1) breach of contract, (2) goods sold and delivered/agreed price, (3) open book account, (4) account stated, (5) claim on contractor’s license bond, and (6) foreclosure of mechanic’s lien.  The Complaint seeks general damages in the amount of $59,842.90, interest at the rate of 1.5% per month from the date the unpaid invoices became past due until paid, plus attorneys’ fees and costs.   

Plaintiff filed a proof of service showing the University was served by substitute service on August 10, 2023 and Rovazzini was served by substitute service on August 30, 2023.  Defendants were obligated to respond.  Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on October 18, 2023.  Plaintiff requested a default judgment on April 11, 2024.  Plaintiff served Defendants 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 for a total of $79,525.56, which is comprised of: (1) $55,842.90 for damages, (2) $20,796.59 in interest, (3) $799.22 for costs, and (4) $2,086.85 in 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 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 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 amounts requested in the default judgment, for $55,842.90, which is less than the amount stated in the Complaint.  A memorandum of costs in the amount of $799.22  is set forth in Item 7 of the CIV-100 form.  The parties’ Agreement allows for the recovery of attorneys’ fees, and Plaintiff seeks $2,086.85 in attorneys’ fees, as calculated per the fee schedule set forth in Local Rule 3.214(a) for default cases.  Plaintiff has submitted a declaration which calculates prejudgment interest at 1.5% per month (or 18% per annum) pursuant to the Agreement, totaling $20,796.59.  Procedurally, Plaintiff properly served Defendants 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, dismissed fictitious defendants, and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Arena Staffing’s Request for Default Judgment is GRANTED as to Defendants Rovazzini Electric, Inc. and University Credit Union.  Default judgment in the amount of $79,525.56 is awarded in favor of Plaintiff.