PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Fleetcor Technologies Operating Company, LLC  

RESPONDING PARTY: West West Inc. and Brandon West 

BACKGROUND 

This is a collections case.  Plaintiff Fleetcor Technologies Operating Company, LLC provided a gas credit card to Defendants West West Inc. and Brandon West.  Defendants promised to pay the charges on the card.  Defendants failed to make payments.   

On August 24, 2023, Plaintiff filed a complaint alleging common counts.  The complaint seeks damages totaling $49,574.40 plus prejudgment interest at the rate of 10% per annum from August 2, 2022.          

Plaintiff filed proofs of service showing Defendants were personally served on September 25, 2023.  Defendants were obligated to respond within 30 days. Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on October 27, 2023.  Plaintiff requested a default judgment on January 12, 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 $59,440.34 comprising of (1) $49,574.40 in damages, (2) $7,157.71 in interest, (3) $831 in costs, and (4) $1,877.23 in attorneys’ fees.  

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 attests via declaration that there have been damages in the amount of $49,574.40, which amount is the same as that stated in the Complaint and is supported by invoices authenticated by Plaintiff’s custodian of records.  Plaintiff requests attorneys’ fees, but fails to specify the contractual or statutory basis of the fees or provide a calculation for the fees.  In addition, the Complaint does not request attorneys’ fees.  Accordingly, the Court declines to award attorneys’ fees.  Plaintiff also seeks costs totaling $831 which are itemized in section 7 of the CIV 100 form.  Procedurally, Plaintiff properly served Defendants 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 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 Fleetcor Technologies Operating Company, LLC’s Request for Default Judgment is GRANTED IN PART and DENIED IN PART as to Defendants West West Inc. and Brandon West.  Default judgment in the amount of $57,563.11 is awarded in favor of Plaintiff.