PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: JPMorgan Chase Bank, N.A.   

RESPONDING PARTY: Max D. Edlin 

BACKGROUND 

This is a collections case.  Plaintiff JP Morgan Chase Bank, N.A. issued a credit card account to Defendant Max D. Edlin.  Edlin failed to make payments on the account.   

On January 22, 2024, Plaintiff filed the instant action, alleging a cause of action for common counts.  The common counts include an open book account for money due; account stated; money lent by plaintiff to defendant at defendant’s request; and money paid, lent out and expended to or for defendant at defendant’s special instance and request.  The Complaint seeks $53,797.85 in damages.  Plaintiff waived prejudgment interest.     

Plaintiff filed a proof of service showing Defendant was substitute served on March 17, 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 11, 2024.  Plaintiff requested a default judgment on June 11, 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 $53,797.85.  

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 not complied with the requirements for a default judgment.  While Plaintiff has properly completed a CIV 100 form and a JUD 100 form, and submitted a statement of the case and a supporting declaration and the amount Plaintiff seeks is not in excess of that stated in the Complaint, Plaintiff’s proof of service (“POS”) is defective.  The POS states that Defendant was substitute served on March 17, 2024.  The process server substitute served on the first delivery attempt which is proper if it is at a commercial mail receiving agency (CMRA), as it was here.  (Code Civ. Proc., § 415.20 subd. c.)  However, there is no declaration of mailing attached to the POS, as required for substitute service.  (Code Civ. Proc., § 415.20 subd. b.)  For service on a CMRA, the CMRA owner or operator must provide to any party participating in a lawsuit involving a mail receiving service customer a declaration of service by mail, given under penalty of perjury along with a certificate of mailing.  (Bus. & Prof. Code 17538.5 subd. d(1).)  Plaintiff has not provided a declaration of service by mail by the CMRA owner or operator.   

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff JPMorgan Chase Bank, N.A.’s request for default is DENIED against Defendant Max Edlin.