Judge: Elaine Lu, Case: 24STCV31287, Date: 2025-03-10 Tentative Ruling

Case Number: 24STCV31287    Hearing Date: March 10, 2025    Dept: 9

          On December 2, 2024, Plaintiff filed proof of service of the Summons and Complaint on Defendant FELLOW BARBER LA LLC.

          Defendant FELLOW BARBER LA LLC has failed to timely file a notice of appearance or otherwise respond to the service of process.  Plaintiff must exercise diligence in pursuing the defaults of such defendants who have not timely filed a notice of appearance or otherwise responded to service of the Complaint.

The Court reminds the parties that ultimately, the Court may not enter 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 fails to give notice of the amount of damages that Plaintiff seeks to recover; if 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 lead to a request for entry of default judgment in an amount equal to or less than that stated in the Amended Complaint.

          If defaults have not all been entered by that time, then no later April 28, 2025, Plaintiff’s Counsel must file a declaration explaining the failure to obtain entry of defaults as to all served defendants who have not responded to service of process, setting forth any and all efforts undertaken to seek their defaults, and explaining why the Court should not impose sanctions for failure to pursue the defaults with diligence.

          The Status Conference is continued to May 5, 2025 at 10:00 am.

          If Defendant appears prior to the next Status Conference, the parties are to file a Joint Status Report no later than April 28, 2025.

          Plaintiff is to file proof of service of this order on all other parties.