Judge: Gregory Keosian, Case: 20STCV44414, Date: 2022-07-26 Tentative Ruling
Case Number: 20STCV44414 Hearing Date: July 26, 2022 Dept: 61
Defendant Booftech, LLC’s Motion to Set Aside
Default and Default Judgment is GRANTED.
Defendant to give notice.
I.
MOTION TO VACATE DEFAULT
“The court may,
upon motion of the injured party, or its own motion, correct clerical mistakes
in its judgment or orders as entered, so as to conform to the judgment or order
directed, and may, on motion of either party after notice to the other party,
set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).)
Defendant moves to
set aside the May 5, 2021 default and the December 9, 2021 default judgment on
three grounds: First, it argues that the default entered against Booftech, LLC
was entered against Booftech, LLC, the limited liability corporation,
rather than the limited liability company of the same name, named in the
Complaint. Second, it argues that the default judgment was supported by an
unsigned, undated, and therefore unverified declaration of Plaintiff. And
finally, Defendant argues that the default judgment was for damages that
exceeded the amounts sought in the complaint, and is therefore void under Code
of Civil Procedure § 580. (Motion at pp. 4–6.)[1]
It is the last of
these arguments that has merit. “The relief granted to the plaintiff, if there
is no answer, cannot exceed that demanded in the complaint[.]” (Code Civ. Proc.
§ 580, subd. (a).) Thus when a complaint prays for no particular amount of
damages, a default judgment entered pursuant to that complaint may be vacated
as void. (provided (See Dhawan v. Biring (2015) 241 Cal.App.4th 963, 969.)
The purpose of this requirement “is to ensure that a defendant is given
adequate notice of the amount of the judgment that may be entered against the
defendant, as required by due process.” (Id. at p. 969.) Here, the Complaint
made no specific prayer for damages, but sought only amounts to be proven at
trial. (Complaint ¶¶ 39, 40, 45, Prayer for Relief.) As such, Defendant was
given no notice of the damages sought against it until judgment was entered
against it, and both the default and judgment, entered in excess of what the
complaint sought, are void. (Dhawan, supra, 241 Cal.App.4th
at p. 975.)
The motion to
vacate default and default judgment are GRANTED.