Judge Elaine Lu, Case Number: 24STCV31476, Date: 2025-03-21 Tentative Ruling

Judge: Elaine Lu, Case: 24STCV31476, Date: 2025-03-21 Tentative Ruling

Case Number: 24STCV31476 Hearing Date: March 21, 2025 Dept: 9

24STCV31476

[TENTATIVE] MINUTE ORDER FOR 3/21/25 ISC

Plaintiff has filed proof of service of the Summons and Complaint as to certain defendants who have not responded though the time for them to file a notice of appearance or responsive pleading has lapsed, including AA AUTOMOTIVE PERSONNEL SERVICES, INC.

Plaintiff has not filed any request for entry of default against AA AUTOMOTIVE PERSONNEL SERVICES, INC.

Instead, Plaintiff requests that the Court lift the pleading stay so that Plaintiff can file a First Amended Complaint to add a cause of action pursuant Labor Code section 2699.3(a)(2)(C). Plaintiff’s request is GRANTED. The court hereby lifts the pleading stay and grants Plaintiff leave to file a First Amended Complaint to add a cause of action pursuant Labor Code section 2699.3(a)(2)(C) by no later than April 15, 2025.

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 filing the First Amended Complaint, Plaintiff may wish to review the First Amended Complaint for whether it gives notice of the amount of damages that Plaintiff will ultimately seek to recover; if not, it may be futile for Plaintiff to seek entry of Defendant’s default if Defendant fails again to appear after service of the Amended Summons and First Amended Complaint. In the event that Plaintiff also wishes to amend the Complaint for this purpose, the Court hereby also grants leave to amend the complaint to give notice of the amount of damages that Plaintiff will ultimately seek to recover.

Plaintiff is to file proof of service of the anticipated Amended Summons and First Amended Complaint by no later than May 15, 2025.

The Court hereby sets a further status conference for May 22, 2025 at 10 am.

The previously imposed stay on discovery remains in effect.

If Defendant appears before then, the parties are to file a Joint Initial Status Conference Report by no later than May 15, 2025 in compliance with the Court’s Initial Status Conference order.

The Court Clerk shall give notice of this order to Plaintiff. Plaintiff is ordered to give notice of this minute order as well as the Initial Status Conference order to all other parties and file proof of service of such.