PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Ebrahim Adel  

RESPONDING PARTY: Abdul Manna Qureshi 

BACKGROUND 

This is a breach of oral contract case.  Plaintiff Ebrahim Adel and Defendant Abdul Manna Qureshi orally agreed in August 2020 that Plaintiff would receive 25% of the proceeds from the sales of Middle Eastern rugs in a shipping container belonging to Defendant.  Plaintiff possessed extensive experience and expertise in the Middle Eastern rug trade and assisted Defendant in selling his rugs.   

On November 22, 2023, Plaintiff filed the instant action, alleging two claims for breach of oral contract and common counts.  The Complaint seeks $107,000 in damages plus interest at the rate of 10% per annum.     

Plaintiff filed a proof of service showing Defendant was personally served on December 17, 2023.  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 March 7, 2024.  Plaintiff requested a default judgment on July 18, 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 $90,435, which is comprised of: (1) $90,000, for damages, and (2) $435, 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 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 $90,000.  A memorandum of costs in the amount of $435 is set forth in Item 7 of the CIV-100 form.  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).    

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Ebrahim Adel’s Request for Default Judgment is GRANTED as to Defendant Abdul Manna Qureshi.  Default judgment in the amount of $90,435 is awarded in favor of Plaintiff.