PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: American Express National Bank  

RESPONDING PARTY: David Gross 

BACKGROUND 

This is a collections case. Plaintiff American Express National Bank issued a credit card to Defendant David Gross pursuant to a credit card agreement.  Under the agreement, Defendant was obligated to repay amounts charged on his card.  Defendant failed to do so.   

Defendant’s last billing statement shows an amount owing of $76,590.95.  Defendant has not disputed any of the charges on the billing statement.     

On December 12, 2023, Plaintiff filed the instant action, alleging two claims for account stated and open book account.  The Complaint seeks $76,590.95 in damages plus costs of suit.   

Plaintiff filed a proof of service showing Defendant was personally served on February 9, 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 June 7, 2024.  Plaintiff requested a default judgment on June 6, 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 $77,133.99, which is comprised of: (1) $76,590.95, for damages, and (2) $543.04, 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 $76,590.95, which is supported by a properly authenticated billing statement.  A memorandum of costs in the amount of $543.04 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).    

Defendant filed an answer after default was entered.  Upon the entry of his default, Defendant was out of court, and the filing of his answer was unauthorized and void. (Jones v. Moers (1928) 91 Cal.App. 65, 70.)  Defendant must first file a motion to set aside default before he can file his answer.  Defendant did not file a motion to set aside.     

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff American Express National Bank’s Request for Default Judgment is GRANTED as to Defendant David Gross.  Default judgment in the amount of $77,133.99 is awarded in favor of Plaintiff.