PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Dakota Financial LLC 

RESPONDING PARTY: Durbo54 Inc., Frederick Durham, Leigh Jamel Durham 

 

BACKGROUND 

This is a breach of contract case.  Plaintiff Dakota Financial, LLC entered into a lease agreement with Defendant Durbo54 Inc. for a 2016 International Lonestar VIN # 3HSCXAPR5GN750103 (“the Property”).  Defendant Frederick Durham is the President of Durbo54, Inc., and Defendant Leigh Durham is the CFO of Durbo54, Inc.  Both individual defendants executed a personal guaranty of the lease agreement.   

 

Defendants defaulted on the payments.  Plaintiff demanded that Defendants deliver possession of the Property, but Defendants refused.   

 

This action ensued.  On May 13, 2024, Plaintiff filed a Complaint against Defendants, alleging four claims for (1) breach of lease, (2) breach of guaranty (against Frederick Durham), (3) breach of guaranty (against Leigh Jamel Durham), and (4) possession.  The Complaint seeks $73,578.41 in damages, together with interest and costs.  The Complaint also seeks possession of the Property. 

    

Plaintiff filed a proof of service showing Defendant Leigh Durham was personally served on May 16, 2024, Defendant Frederick Durham was substitute served on May 18, 2024, and Durbo54, Inc. was personally served on May 21, 2024.  Defendants were obligated to respond. Defendants did not do so.  Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on August 13, 2024.  Plaintiff requested a default judgment on August 12, 2024.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared. 

 

RELIEF REQUESTED 

 

Default judgment against Defendants for a total of $80,314.72, which is comprised of: (1) $73,578.41, for damages, (2) $3,324.75 for interest at the rate of 10% per annum, (3) $2,361.56 in attorneys’ fees, and (4) $1,050, 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.  (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 there have been damages in the amount of $73,578.41 as the unpaid balance on the lease agreement.  (Kim Decl. ¶ 11.)  The amount and calculation of interest and attorneys’ fees is supported by declaration.  (Ferns Decl. ¶¶ 2-6.)  Attorneys’ fees are authorized under section 16 of the lease.  (Ex. 1 to Kim Decl.)  A memorandum of costs in the amount of $1,050 is set forth in Item 7 of the CIV-100 form.  The evidence submitted (the lease agreement, the guaranty agreements, the account statement, and the payment history) is also authenticated by declaration.  (Kim Decl. ¶¶ 5, 6, 7, 14, 32.)  Procedurally, Plaintiff properly served Defendants 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 damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, requested dismissal of the doe defendants, and filed a proposed judgment (JUD-100).  As default has already been entered and there has been no appearance or filing whatsoever from Defendants, default judgment is appropriate here.  

 

CONCLUSION AND ORDER  

 

For the foregoing reasons, Plaintiff Dakota Financial LLC’s Request for Default Judgment is GRANTED as to Defendants Durbo54 Inc., Frederick Durham and Leigh Durham.  Default judgment in the amount of $80,314.72 is awarded in favor of Plaintiff.