Judge: Elaine W. Mandel, Case: 20SMCV00981, Date: 2023-02-01 Tentative Ruling

Case Number: 20SMCV00981    Hearing Date: February 1, 2023    Dept: P

Tentative Ruling

Kelli “Kali” Alexander v. Yoga Works, Inc., Case No. 20SMCV00981

Hearing Date February 1, 2023

Plaintiff’s Request for Entry of Default Judgment

Background/Analysis

On September 27, 2022, the court denied plaintiff Kelli “Kali” Alexander’s request for entry of default judgment on the grounds that she had not sufficiently proved her requested damages. Alexander resubmits her default package, including a prove-up declaration.

The declaration provides calculations of past and future income lost because of the racial discrimination alleged in the underlying complaint, explaining the basis for the requested sums. Alexander declaration ¶¶37-39. This is sufficient to enter default judgment for those amounts. Alexander’s request for past and future non-economic damages of $2,000,000.00, however, is insufficiently supported. Alexander provides no detail as to how she arrived at her requested figures, making them appear arbitrary. Additionally, she provides no evidence to prove that she actually incurred the $1,000,000.00 in attorney’s fees requested in the default package.

Default is GRANTED for past and future economic damages only, totaling $256,800.00. Adding costs, judgment for plaintiff will be entered for $257,538.00.  In the alternative, the court will decline to enter default judgment and continue the hearing to allow Alexander to present more evidence of her noneconomic damages and attorney’s fees.