PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: VW Credit Inc.  

RESPONDING PARTY: Jonathan Khalifa 

BACKGROUND 

This is a breach of contract case.  Defendant Jonathan Khalifa entered into a lease agreement (“Lease”) with Audi Downtown LA to lease a 2022 Audi RS6 Avant Quatro (“Vehicle”).  Audi Downtown LA assigned its interest to Plaintiff.  (Pl.’s Decl. ¶ 7 and Ex. 1 pg. 1.)  

The Lease provides that Defendant agreed to pay Plaintiff and/or its successors a total sum of $115,962.44, consisting of $15,000.00 due at signing, followed by 38 monthly payments of $2,643.88 per month, commencing on February 28, 2022 and ending on March 28, 2025.  (Id. ¶ 8.)  But Defendant defaulted on his lease payments starting on June 27, 2023. (Id. ¶ 11.)  

Under the Lease, in the event Defendant defaults, Plaintiff has the right to take possession of the Vehicle and to recover the outstanding residual of the lease plus costs, including attorneys’ fees and legal costs. (Pl.’s Decl. ¶ 9-10.) As a result of Defendant’s failure to remit the required installment payments, Plaintiff has declared Defendant to be in default, and declared the entire unpaid balance of the Agreement immediately due and payable, in the sum of $129,287.17. (Id. ¶ 12.)  

On April 3, 2024, Plaintiff filed a complaint alleging three claims for breach of contract, claim and delivery and conversion.  The Complaint seeks $104,746.38 in damages, plus attorneys’ fees and costs.  The Complaint also seeks immediate possession of the Vehicle.           

Plaintiff served Defendant by publication in October and November 2024.  Defendant was obligated to respond but failed to do so.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on January 23, 2025.  Plaintiff requested a default judgment on January 22, 2025.   

RELIEF REQUESTED 

Default judgment against Defendant for a total of $129,662.17, which is comprised of: (1) $104,746.38, for damages, (2) $1,241.10 in late charges, (3) $2,583.69 in “other costs,” (4) $19,316.00, for “rental charges”, (5) $1,400, for attorneys’ fees and (6) $375, for costs.  

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 is seeking damages in excess of that demanded in the Complaint.  In total, Plaintiff seeks damages of $127,887.17 (including lease payments, late charges, rental charges and “other costs”).  This is in excess of that demanded in the Complaint (of $104,746.38).  The Court does not have jurisdiction to award damages in excess of that demanded in the Complaint.  (Greenup v. Rodman¿(1986) 42 Cal.3d 822, 826, 829–830;¿Heidary v. Yadollahi¿(2002) 99 Cal.App.4th 857, 864–865.)¿ Accordingly, the Court will reduce the damages sought to the amount stated in the Complaint, which damages are supported by Plaintiff’s declaration.  (Pl.’s Decl. ¶12.)  

Plaintiff also seeks attorneys’ fees of $1,400.  Plaintiff does not provide a contractual or statutory basis for the award of attorneys’ fees.  Moreover, Plaintiff’s declaration does not specify how the attorneys’ fees was calculated.  Accordingly, the Court declines to award attorneys’ fees.  As to costs, Plaintiff has specified the nature of the costs requested in Item 7 of the CIV 100 form.  Plaintiff seeks costs of $375 for service by publication.  The costs are further supported by Plaintiff’s declaration.   

Procedurally, Plaintiff properly served Defendant 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 dismissal of doe defendants and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance by Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff’s Request for Default Judgment is GRANTED IN PART and DENIED IN PART as to Defendant.  Judgment in the amount of $105,121.38 is awarded in favor of Plaintiff.