Judge: Elaine Lu, Case: 25STCV02837, Date: 2025-05-05 Tentative Ruling

Case Number: 25STCV02837    Hearing Date: May 5, 2025    Dept: 9

25STCV02837

2025-05-05

ORDER

Counsel appears
this morning on behalf of RIVER JETTY SECOND & PCH, LLC and RIVER JETTY
RESTAURANT GROUP, LLC.

Defendants’
Counsel is to file and serve a notice of appearance on behalf of both
Defendants by no later than May 12, 2025.

Plaintiff has
filed proof of service of the Operative Summons and Complaint as to certain
defendants who have not responded, including RIVER JETTY SECOND & PCH, LLC
and RIVER JETTY RESTAURANT GROUP, LLC.

The time to
respond for these defendants who have been served has already lapsed.

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.

If Defendants have
failed to file and serve Notices of Appearance by May 12, 2025, then by no later
than June 16, 2025, Plaintiff’s Counsel must: (a) file either requests
for entry of RIVER JETTY SECOND & PCH, LLC and RIVER JETTY RESTAURANT
GROUP, LLC’s defaults or a declaration explaining the failure to seek and
obtain RIVER JETTY SECOND & PCH, LLC and RIVER JETTY RESTAURANT GROUP, LLC’s
defaults, setting forth any and all efforts undertaken to obtain RIVER JETTY
SECOND & PCH, LLC and RIVER JETTY RESTAURANT GROUP, LLC’s defaults, and
explaining why sanctions (including monetary sanctions of at least $1,000)
should not be imposed for failure to timely seek RIVER JETTY SECOND & PCH,
LLC and RIVER JETTY RESTAURANT GROUP, LLC’s defaults, 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 June 16, 2025 may
result in the Court setting an OSC re sanctions.

The Initial Status
Conference is continued to June 23, 2025 at 10:00 am.  If Defendant appears before then, the parties
are to file a Joint Initial Status Conference Report by no later than June
16, 2025 in compliance with the Court’s Initial Status Conference order.

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