Judge: Edward B. Moreton, Jr, Case: 24SMCP00064, Date: 2024-11-25 Tentative Ruling

Case Number: 24SMCP00064    Hearing Date: November 25, 2024    Dept: 205

PROCEEDINGS:                      REQUEST FOR ENTRY OF DEFAULT JUDGMENT

MOVING PARTY:               Paymentus Corporation 

RESPONDING PARTY:      City of Santa Monica

BACKGROUND

This is a public records request case.  Petitioner Paymentus Corporation seeks to enjoin Respondent City of Santa Monica (the “City”) from disclosing its trade secrets to a competitor who filed a public records request for the information, Todd Brehe. 

On January 30, 2024, Paymentus filed a petition for writ of mandate and for declaratory and injunctive relief.  Paymentus personally served the petition on the City on February 8, 2024 and on Brehe on February 18, 2024. 

After filing its petition, Paymentus moved for preliminary injunction to enjoin the City from disclosing Paymentus’s trade secrets to requestor Brehe or to any other third parties.  There as no opposition to the Motion for Preliminary injunction.  Following a hearing on May 7, 2024, this Court granted the Motion for Preliminary injunction.  Paymentus served a copy of the Court’s order on the City and Brehe. 

On June 4, 2024, Paymentus filed a Request for Entry of Default by the Clerk, which was properly served on the City as well as Brehe.  Default was entered by the Clerk on June 4, 2024. Neither City nor Brehe have filed a response to the Petition, Motion for Preliminary Injunction, or otherwise appeared in the case.  Additionally, Paymentus represents that Deputy City Attorney for the City of Santa Monica confirmed that the City is neutral on Paymentus’s request for an injunction preventing disclosure of its trade secrets and that City would not actively participate in this matter.

RELIEF REQUESTED

Paymentus seeks default judgment in favor of Paymentus, for the issuance of a writ of mandate and declaration permanently enjoining the disclosure of Paymentus’s trade secret information by the City to Brehe or to any third parties, pursuant to a California Public Records Act request or otherwise.

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, Petitioner has complied with the requirements for a default judgment.  Petitioner has properly completed a CIV 100 form and a JUD 100 form, and submitted a statement of the case and supporting declarations. 

CONCLUSION AND ORDER

For the foregoing reasons, Petitioner Paymentus Corporation’s request for default is GRANTED against Respondent the City of Santa Monica.