Judge: Edward B. Moreton, Jr, Case: 24SMCV01266, Date: 2025-01-14 Tentative Ruling

Case Number: 24SMCV01266    Hearing Date: January 14, 2025    Dept: 205

PROCEEDINGS:      REQUEST FOR DEFAULT JUDGMENT

MOVING PARTY:               Plaintiff Kevin Ohara

RESPONDING PARTY:      Defendant Michael Martino

BACKGROUND

This action involves a breach of rental/lease agreement.  Plaintiff Kevin Ohara (“Plaintiff”) entered into a lease agreement with Defendant Michael Martino (“Defendant”) for property located at 12963 Runway Rd, Unit 110, Playa Vista, California (the “Property”).  Defendant failed to pay rent.  Plaintiff alleges that Defendant owes rent in the amount of $4,500.00 per month that Defendant did not pay.

On March 19, 2024, Plaintiff, in pro per, filed this breach of contract action.  The complaint seeks damages in the amount of $97,624.15, as well as interest on the damages according to proof and attorney’s fees in the amount of $5,723.00.

Plaintiff filed a proof of service showing that Defendant was personally served on March 20, 2024.  Defendant never responded to the complaint.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on July 12, 2024.  Plaintiff requested a default judgment on July 17, 2024.  Plaintiff’s request for entry of default judgment indicates that a copy of the request was mailed to Defendant’s last known address.

RELIEF REQUESTED

Default judgment against Defendant for a total of $103,347.15, which is comprised of: (1) $97,624.15 as the demand of the complaint, and (2) $5,723.00 for attorneys’ fees. 

ANALYSIS

Code of Civil Procedure section 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 of 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 CCP § 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 all requirements for a default judgment.  Plaintiff has not provided a brief summary of the case, nor has Plaintiff provided evidence or exhibits to support his requested judgment.  Furthermore, Plaintiff requests attorney fees, yet he is a self-represented litigant.  There is no explanation given for his request for attorney fees.

At the previous OSC Re: Entry of Default Judgment hearing on November 14, 2024, the Court noted that Plaintiff’s default judgment packet was incomplete.  Plaintiff has not filed any additional documents since that hearing.

CONCLUSION AND ORDER

For the foregoing reasons, the Court DENIES Plaintiff Kevin Ohara’s request for default judgment.

The Court further finds that no sufficient cause has been shown for the failure to submit the required default package.  This is the third Order to Show Cause that has been issued regarding default judgment.  Therefore, no sufficient cause having been shown, the case is dismissed.