Judge: Elaine Lu, Case: 24STCV28324, Date: 2025-06-06 Tentative Ruling

Case Number: 24STCV28324    Hearing Date: June 6, 2025    Dept: 9

[TENTATIVE] ORDER

Plaintiff has filed proof of service of the operative Amended Summons and Second Amended Complaint as to certain defendants who have not responded, including INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC..

The time to respond for these defendants who have been served will lapse by no later than July 21, 2025.  If any Defendant fails to timely respond to the service of the operative Amended Summons and Second Amended Complaint, Plaintiff must pursue that Defendant’s default with diligence.

The Court reminds the parties that ultimately, the Court may not enter default judgment in an amount exceeding the amount demanded in the Complaint.  (CCP 585(b).)  The Court may not grant relief not demanded in the complaint by default judgment even though that relief otherwise would have been proper. (CCP § 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018 (default judgment for sum in excess of that demanded in complaint is void).  “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].)  Thus, for example, where the complaint does not request attorney fees, the court cannot award fees against a defaulting defendant. It makes no difference that the fees are awardable by statute. (Feminist Women's Health Ctr. v. Blythe (1995) 32 Cal.App.4th 1641, 1675).  Accordingly, prior to seeking any Defendant’s default, Plaintiff may wish to review the operative Complaint for whether the operative Complaint gives notice of the amount of damages that Plaintiff seeks to recover; if the operative Complaint fails to do so, it may be futile for Plaintiff to seek entry of Defendant’s default without first amending the Complaint to clearly state and give notice of the amount of damages that Plaintiff is seeking to recover.  In the event that Plaintiff wishes to amend the Complaint for this purpose, the Court hereby lifts the stay to grant leave to amend the operative complaint.  If Defendant again fails to respond upon being served with the amended complaint, a request for entry of Defendant’s default on the Amended Complaint may then possibly lead to a request for entry of default judgment in an amount equal to or less than that stated in the Amended Complaint.

By no later than July 31, 2025, Plaintiff’s Counsel must: (a) file either a request for entry of INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC.’s default or a declaration explaining the failure to seek and obtain INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC.’s default, setting forth any and all efforts undertaken to obtain INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC.’s default, and explaining why sanctions (including monetary sanctions of at least $1,000) should not be imposed for failure to timely seek INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC.’s default, in compliance with California Rules of Court, Rule 3.720, or (b) file an amended complaint that gives notice of the amount of damages that Plaintiff will be seeking to recover in the event of a default and default judgment, and file proof of service of the operative amended complaint and amended summons.  Failure to comply by July 31, 2025 may result in the Court setting an OSC re sanctions.

A non-appearance case review is set for August 7, 2025 at 8:30 am in Department 9 re entry of INLAND INDUSTRIAL SOLUTIONS, INC. and INLAND GUARD SERVICES, INC.’s defaults.  The initial status conference is taken off calendar at this time and will be re-calendared upon Defendants’ filing of a notice of appearance.

The previously imposed stay on discovery remains in effect.

The Court’s Judicial Assistant shall give notice to Plaintiff’s Counsel.  Plaintiff’s Counsel is ordered to give notice to all other parties.