PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: SM 10000 Property LLC  

RESPONDING PARTY: Bryan Demosthenous 

BACKGROUND 

This is an unlawful detainer action.  Plaintiff SM 10000 Property LLC entered into a lease agreement with Defendant Bryan Demosthenous (the “Lease”).  The Lease contemplated an eighteen month term at a base rent of $13,000 per month and a $150 technology fee, for a total of $13,150 per month.  The Lease begun on October 1, 2022 and terminated on March 31, 2024.  Upon termination of the Lease period, Defendant’s tenancy would continue on a month to month basis. 

Under paragraph 34 of the Lease, “[i]n the event of litigation to enforce this Lease, the prevailing party shall be entitled to recover its reasonable attorney’s fees, not to exceed a total of fifty thousand dollars ($50,000) and its costs of litigation.”   

Defendant breached the Lease for failure to make complete rent payments and other amounts owed between August 1, 2023 through December 2023.  In total, Defendant owes $35,137.77 in unpaid rent and fees under the Lease, after factoring in credits and/or payments.   

On October 4, 2023, Plaintiff filed the instant action. The Complaint seeks $28,515.20 in damages, plus $430.73 starting October 1, 2023, plus attorneys’ fees and interest at the rate of 10% per annum.     

Plaintiff filed a proof of service showing Defendant was served by publication in May 2024.  Defendant was obligated to respond.  He did not do so within the time allowed by law.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on July 3, 2024.  Plaintiff requested a default judgment on October 9, 2024.  Plaintiff served Defendant 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 $125,000, which is comprised of: (1) $50,000, for damages, (2) $20,000 for interest, (3) $50,000 for attorneys’ fees, and (4) $5,000, 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 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 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 filed all the necessary documents, but the supporting declarations are in conflict with the amounts requested in the CIV 100 form.  The CIV 100 seeks $50,000 in damages, but the supporting declaration of Nicole Browne states that only $35,137.77 in unpaid rent is due.  The request seeks $50,000 in attorneys’ fees, but the supporting declaration of Daniel Ishu states that the attorneys’ fees for the handling of the matter total $19,007.50 as of July 20, 2024 plus $562.50 in additional unbilled fees. The request seeks $5,000 in costs but the declaration of Mr. Ishu states that Plaintiff has incurred $2,185.29 in costs through July 20, 2024 with an additional $39.58 in unbilled costs.  Mr. Ishu’s declaration also states that Plaintiff is entitled to $6,040.38 in prejudgment interest but the CIV 100 form seeks $20,000 in prejudgment interest.   

In addition, the request seeks damages in excess of that sought in the Complaint.  The Complaint seeks $33,683.96 in damages ($28,515.20 plus $430.73 from October 1, 2023), while the CIV 100 form asks for $50,000 in damages.  The Complaint also states that monthly rent is $13,100 while the supporting declaration of Ms. Browne attests that monthly rent is $13,250.  Code Civ. Proc. § 580, subd. (a) provides that “[t]he relief granted to the plaintiff, if there is no answer,¿cannot¿exceed¿that demanded in the¿complaint¿… .”¿Thus, “in all¿default¿judgments the demand sets a ceiling on recovery,” and a judgment purporting to grant relief beyond that ceiling is void for being in excess of jurisdiction.¿(Greenup v. Rodman¿(1986) 42 Cal.3d 822, 824; Sass v. Cohen (2020) 10 Cal.5th 861, 863.)  

Given the discrepancies between the CIV 100 form and supporting declarations and the request for damages in excess of the Complaint, the Court denies the request for entry of default judgment.   

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff SM 10000 Property LLC’s Request for Default Judgment is DENIED as to Defendant Bryan Demosthenous.  The Order to Show Cause re: Default Judgment is continued to January 9, 2025 at 9:00 a.m.