PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Interinsurance Exchange of the Automobile Club  

RESPONDING PARTY: Fahim Kalam 

BACKGROUND 

This is an automobile subrogation case.  Defendant Fahim Kalam was involved in a car accident with Masahiko Takagi (“Insured”).  Plaintiff Interinsurance Exchange of the Automobile Club issued an insurance policy to Insured, and paid for damages Insured sustained as a result of the car accident.  Plaintiff alleges Defendant was driving negligently.   

On December 14, 2023, Plaintiff filed a complaint alleging a single claim for subrogation.  The complaint seeks damages of $28,988.87, plus interest at the rate of 10% since August 13, 2021.     

Plaintiff served Defendant by mail service on April 24, 2024 pursuant to Code Civ. Proc., § 415.40, which authorizes mail service of an out-of-state defendant.  Defendant was obligated to respond.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on October 4, 2024.  Plaintiff requested a default judgment on October 25, 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 $32,230.67, which is comprised of: (1) $29,988.87, for damages, (2) $1,756.80, for interest, and (3) $485, 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 there have been damages in the amount of $29,988.87.  (Custodian of Records Decl., paragraph 4.)  The evidence submitted (invoices, payment log, appraisal, photographs, valuation report) is authenticated by declaration.  The costs Plaintiff seeks are itemized in Item 7 of the CIV 100 form.  The calculation of interest is supported by further declaration.  (Haines Decl., paragraph 2.)  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, requested dismissal of doe defendants, and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance by Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff’s Request for Default Judgment is GRANTED as to Defendant.  Judgment in the amount of $32,230.67, is awarded in favor of Plaintiff.  The Order to Show Cause re Default Judgment is discharged.