PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Crystal Creek Capital LLC  

RESPONDING PARTY: Beyond Relations, LLC and Marcelus Jones 

BACKGROUND 

This case arises from a breach of a loan agreement.  Defendants Beyond Relations LLC and Marcelus Jones entered into a written loan agreement and personal guarantee with Plaintiff Crystal Creek Capital LLC.  Defendants failed to make payments, in the principal sum of $29,801.60.     

On November 13, 2023, Plaintiff filed a complaint against Defendants, alleging four claims for (1) breach of written contract, (2) money due on an open account, (3) money due on an account stated, and (4) quantum meruit.  The Complaint seeks principal damages in the amount of $29,801.60, prejudgment interest at the contract rate of 12% per annum from Defendants’ date of breach on March 6, 2023, reasonable attorneys’ fees and for costs.   

Plaintiff filed a proof of service showing Defendant Beyond Relations LLC was served by personal service on November 20, 2023 and Defendant Marcelus Jones was served by personal service on December 21, 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 January 3, 2024 and January 23, 2024.  Plaintiff requested a default judgment on February 1, 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 $35,094.16, which is comprised of: (1) $29,801.60 for damages, (2) $2,709.12 in interest, (3) $1,299.40 for costs, and (4) $1,284.04 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 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 amounts requested in the default judgment, for $29,801.60, which is the amount stated in the Complaint.  A memorandum of costs in the amount of $1,299.40  is set forth in Item 7 of the CIV-100 form.  The parties’ agreement allows for the recovery of attorneys’ fees, and Plaintiff seeks $1,284.04 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 10% per annum from the date of breach, totaling $2,709.12.  Procedurally, Plaintiff properly served Defendant 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 Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Crystal Creek Capital LLC’s Request for Default Judgment is GRANTED as to Defendants Beyond Relations, LLC and Marcelus Jones.  Default judgment in the amount of $35,094.16 is awarded in favor of Plaintiff.