PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Elyse Gainor 

RESPONDING PARTY: Dr. Allison Guyen 

 

BACKGROUND 

 

This is a breach of contract and fraud case.  Plaintiff Elyse Gainor and Defendant Allison Guyen had a doctor-patient relationship and eventually also became friends.  At some point, Plaintiff was concerned her husband might take her funds. Defendant proposed that Plaintiff could send her some funds for safekeeping, with the agreement that Plaintiff’s funds would be returned in full at a later date, or whenever Plaintiff requested. 

 

 On or about April 24, 2021, Plaintiff wrote a check to Defendant’s business account, “RRR Health”, in the amount of $100,000.00.  On or about August 16, 2021, Plaintiff wired an additional $80,000.00 to “RRR Health LLC”, belonging to Defendant.   

 

The parties agreed that Defendant would hold Plaintiff’s funds in trust and would return her funds in full when requested.  Nonetheless, when Plaintiff requested that her funds be returned in full, Defendant returned only a total of $53,293.50, leaving a remaining balance of $126,706.50.   

 

This action ensued.  The operative complaint alleges five claims for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) unjust enrichment, and (5) accounting.  The Complaint seeks damages of $126,706.50, plus interest and costs.    

 

Plaintiff substitute served Defendant on May 17, 2024.  Four attempts were made to personally serve Defendant, and eventually service was effected on a receptionist at Defendant’s office.  Defendant was required to respond.  Defendant did not respond.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on September 3, 2024.  Plaintiff requested a default judgment on November 1, 2024.  Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendant has not appeared. 

 

RELIEF REQUESTED 

 

Default judgment against Defendant in the amount of $187,526.96 consisting of (1) $126,706.50 in damages, (2) $60,310.46 in interest, and (3) $510 in 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.  (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 Defendant agreed to hold her funds in trust but has not returned the funds upon request.  The declaration supports the claims asserted as well as the amount of damages and interest sought.  Item 7 of the CIV 100 form itemizes the costs.  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 the doe defendants, and filed a proposed judgment.  As default has already been entered and there has been no appearance or filing whatsoever from Defendant, default judgment is appropriate here.  

  

CONCLUSION AND ORDER  

 

For the foregoing reasons, Plaintiff Elyse Gainor’s Request for Default Judgment is GRANTED as to Defendant Dr. Allison Guyen.  Judgment is awarded in the amount of $187,526.96 in favor of Plaintiff.