PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Yosi Yahoudai 

RESPONDING PARTY: Craftscape Creations, LLC, CraftScape Designs, LLC, Designs by CraftScape, LLC and Stylarc 

 

BACKGROUND 

 

This is a breach of contract case.  Plaintiff Yosi Yahoudai entered into a written contract with Defendants Craftscape Creations LLC, CraftScape Designs LLC, Designs by CraftScape LLC and Stylarc, to provide remodeling and reconstruction services for a new backyard.  The services were to include demolition, grading, drainage, hardscape, softscape, irrigation, construction of a new pool, jacuzzi and lighting at Plaintiff’s property.   

 

Plaintiff claims Defendants misrepresented the timeline of their project completion.  On November 1, 2023, Defendants informed their clients that Defendants could no longer perform any of their respective construction agreements with their clients, were ceasing all operations and were heading towards bankruptcy.  At the time Defendants terminated the agreement, Plaintiff had paid Defendants a total of $145,392. 

 

This action ensued.  The operative complaint alleges eight claims for (1) breach of contract, (2) money had and received, (3) conversion, (4) fraud, (5) negligent misrepresentation, (6) intentional misrepresentation, (7) violation of Bus. & Prof. Code § 17200, et seq., and (8) recovery against contractors’ license bond.  The Complaint seeks no less than $1,000,000 in damages. 

 

The original complaint was filed against Defendants Craftscape Creations, LLC, Allen Abraham and Great American Insurance Company.  Plaintiff then amended the Complaint to substitute CraftScape Designs LLC, Designs by CraftScape LLC and Stylarc for the doe defendants.  Plaintiff has now dismissed Allen Abraham and Great American Insurance Company in addition to the doe defendants.   

  

Plaintiff filed a proof of service showing Craftscape Creations LLC was personally served on January 17, 2024l CraftScape Designs LLC and Designs by CraftScape LLC on January 24, 2024, and Stylarc on April 3, 2024.  Defendants were obligated to respond within 30 days.  Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on March 21, 2024 and May 5, 2024.  Plaintiff requested a default judgment on August 6, 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 $160,471.37, which is comprised of: (1) $145,392.00 in damages, (2) $10,237.19 in interest, (3) $1,498.26 in costs, and (4) $3,343.92 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 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.  (Cal. Rules of Court, 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 $145,392.  (Yahoudai Decl. ¶ 11.)  A memorandum of costs in the amount of $1,498.26 is set forth in Item 10 of the CIV-105 form.  The evidence submitted (the agreement and payments) is authenticated by further declaration.  Procedurally, Plaintiff properly served Defendants 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).   As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here. 

 

However, the Court denies the request for $3,343.92 in attorneys’ fees.  Yahoudai is representing himself in this action.  Under¿Civ. Code, § 1717,¿self-represented¿attorneys cannot recover attorney fees not incurred to third party attorneys in contract actions.  (Trope v. Katz (1995) 11 Cal.4th 274, 285-286.)  ¿ 

  

CONCLUSION AND ORDER  

 

For the foregoing reasons, Plaintiff Yosi Yahoudai’s Request for Default Judgment is GRANTED as to Defendants Craftscape Creations LLC, CraftScape Designs LLC, Designs by CraftScape LLC and Stylarc.  Default judgment in the amount of $157,127.45 is awarded in favor of Plaintiff.