Judge: Jon R. Takasugi, Case: 23STCV11361, Date: 2024-05-31 Tentative Ruling

Case Number: 23STCV11361    Hearing Date: May 31, 2024    Dept: 17

Superior court of california

County of Los Angeles

 

DEPARTMENT 17

 

DEFAULT JUDGMENT

 

 

OMNINET KIPLING, L.P.

 

 

         vs.

 

NKRUMAH DAVIDSON

 

 Case No.:  23STCV11361

 

 

 

 Hearing Date:  May 31, 2024

 

 

 

            After review, the Court has identified the following deficiencies with Plaintiff’s default judgment packet:

 

-         Plaintiff’s default judgment must be accompanied by a summary of the case.

 

-         The declaration submitted by Vileta Vitkova was not signed.

 

-         CCP section 580, subdivision (a) provides that the “[t]he relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint.” Here, Plaintiff sought a maximum of $25,000 in damages, plus attorney fees and costs. As such, while Plaintiffs estimates the alleged breaches to total $26,534.73, the Court cannot award a sum greater than that alleged in the Complaint.