Judge: Elaine W. Mandel, Case: 20SMCV00130, Date: 2023-10-04 Tentative Ruling

Case Number: 20SMCV00130    Hearing Date: February 16, 2024    Dept: P

Proposed Default Judgment

Plaintiff has failed to adequately prove up damages on default under Cal. Code of Civ. Proc. 585(b). The proposed default judgment seeks $75,750 in liquidated damages against the defaulted Villar defendants. The purported right to recover liquidated damages derives from the lease addendum signed by defendants Luske and Huesca. Levix decl. Exhibit 2. The operative second amended complaint indicates that Villar did not sign the lease or its addendum. No breach of contract claim was brought against Villar. Villar cannot be held to a liquidated damages clause in an agreement he did not sign.

Plaintiff to re-submit a default prove-up package including admissible evidence showing actual damages suffered as a result of Villar's conduct alleged in the relevant pleading. No liquidated damages are recoverable.