Judge Edward B. Moreton, Jr, Case Number: 24SMCV00518, Date: 2024-12-03 Tentative Ruling

Judge: Edward B. Moreton, Jr, Case: 24SMCV00518, Date: 2024-12-03 Tentative Ruling

HEARING DATE: December 3, 2024	JUDGE/DEPT: Moreton/Beverly Hills, 205
CASE NAME: Ali Ahmadzai v. Achieve Home Care, et al. CASE NUMBER: 24SMCV00518	COMP. FILED: February 5, 2024

PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT

MOVING PARTY: Ali Ahmadzai

RESPONDING PARTY: Achieve Home Care, Yanjun Pan

This is an employment dispute case. Plaintiff Ali Ahmadzai entered into an employment contract with Defendants Yanjun Pan and her company Achieve Home Care (“AHC”). From late December to the middle of February, Plaintiff worked extensive hours for Defendants, was always on call, and was often directed to all places in the Los Angeles area.

Defendant worked for months without receiving a salary. He eventually resigned and pursued legal action. The parties entered into a settlement agreement on October 3, 2023. However, Defendants failed to make scheduled payments under the settlement agreement.

This action ensued. The Complaint alleges claims for (1) violation of Labor Code § 1198.5; (2) violation of Labor Code §226; (3) unpaid wages/breach of contract; (4) violation of Labor Code §226; and (5) violation of Labor Code §203. The Complaint seeks damages of $82,950.

Plaintiff filed a proof of service showing AHC was personally served on February 8, 2024 and Pan was personally served on April 12, 2024. Defendants were obligated to respond. They did not do so within the time allowed by law. Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on April 8, 2024 and June 5, 2024. Plaintiff requested a default judgment on August 30, 2024. Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.

Default judgment against Defendants for a total of $85,317.96 consisting of (1) $79,087.90 in damages, (2) $670.03 in cost, and (3) $5,560.03 in attorneys’ fees.

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. Plaintiff has properly completed a CIV 100 form and a JUD 100 form, submitted a supporting declaration which also serves as the summary of the case, submitted a declaration of non-military status, and Plaintiff seeks an amount of damages that is not in excess of that stated in the Complaint. However, the supporting declaration does not support the amount of attorney’s fees sought. It references an attached Exhibit 12 which is supposed to be an invoice from Plaintiff’s attorney but there is no Exhibit 12 attached to the declaration.