Judge: Edward B. Moreton, Jr, Case: 24SMCV05516, Date: 2025-04-25 Tentative Ruling
Case Number: 24SMCV05516 Hearing Date: April 25, 2025 Dept: 205
BACKGROUND
This is a collections case. Plaintiff City National Bank and Defendant David Gross entered into two agreements concerning a personal credit card account and a business line of credit. Defendant defaulted and failed to make payments as agreed.
On November 8, 2024, Plaintiff filed a complaint alleging claims for breach of contract, money due on an open book account and money due on an account stated. The complaint seeks damages of $236,873.47, plus interest and attorneys’ fees.
Plaintiff served Defendant by substitute service on November 19, 2024. Two attempts at personal service were made before Plaintiff effected substitute service on Defendant’s co-occupant. Defendant was obligated to respond. Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on January 24, 2025. Plaintiff requested a default judgment on the same date. Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.
RELIEF REQUESTED
Default judgment against Defendant for a total of $334,623, which is comprised of: (1) $236,873 for damages, (2) $92,968 for interest, (3) $4,259 for attorneys’ fees and (4) $523 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 has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration there have been damages in the amount of $236,873.47. (Moore Decl., paragraph 11.) The evidence submitted (the credit agreements and account statements) is authenticated by declaration. The costs Plaintiff seeks are itemized in Item 7 of the CIV 100 form and are also supported by declaration. (Moore Decl., paragraph 11.) Attorneys’ fees are authorized by the parties’ contracts, and Plaintiff has submitted a declaration calculating fees at $4,258.73. (Moore Decl., paragraph 11.) Interest is at rates specified in the parties’ contracts, and Plaintiff has submitted a declaration calculating interest at $92,968. 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 damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, 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 as to Defendant. Judgment in the amount of $334,623, is awarded in favor of Plaintiff.