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.