Judge: Elaine Lu, Case: 20STCV48697, Date: 2022-12-19 Tentative Ruling

Case Number: 20STCV48697    Hearing Date: December 19, 2022    Dept: 26

20STCV48697

The Court may not enter judgment in an amount exceeding the amount demanded in the Complaint.  (CCP 585(b).)  “It is fundamental to the concept of due process that a defendant be given notice of the existence of a lawsuit and notice of the specific relief which is sought in the complaint served upon him.” (Marriage of Lippel (1990) 51 Cal.3d 1160, 1166 [emphasis added].) 

Here, the First Amended Cross-Complaint gave notice of damages in the total sum of $86,511.51.  Thus, Cross-Complainant’s recovery of principal damages is capped at $86,511.51, and the Court cannot award principal damages of $86,512.

Accordingly, the Request for Entry of Default Judgment submitted on December 14, 2022 is granted in the following modified amount:

$86,511.51      Principal

$5,427             Interest

$95,468.51      TOTAL

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