Judge: Joseph Lipner, Case: 21STLC01515, Date: 2024-01-26 Tentative Ruling

Case Number: 21STLC01515    Hearing Date: January 26, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Credilogical Systems, LLC (“Plaintiff”) seeks default judgment against Defendant Albert Joseph Salas (“Defendant”)

Plaintiff requests:

(1) a judicially-ordered foreclosure of the real property located at 1932 Thomas Street, Los Angeles, California 90031; and

(2) costs in the amount of $513.45.

The Court GRANTS Plaintiff’s request for default judgment.

Background

On January 15, 2020, Plaintiff obtained a Judgment Quieting Title to the real property located at 1932 Thomas Street, Los Angeles, California 90031 against Defendant.

Plaintiff filed this action on February 22, 2021, raising a claim for judicial foreclosure.

Default was entered against Defendant on July 9, 2021.

Plaintiff filed this application for default judgment on January 19, 2024.

Legal Standard

CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  A party seeking judgment on the default by the Court must file a Form CIV-100 Request for Court Judgment, and:

(1) Proof of service of the complaint and summons;

(2) A dismissal of all parties against whom judgment is not sought (including Doe defendants) or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment (CRC 3.1800(a)(7);

(3) A declaration of non-military status as to the defendant (typically included in Form CIV-100) (CRC 3.1800(a)(5));

(4) A brief summary of the case (CRC 3.1800(a)(1));

(5) Admissible evidence supporting a prima facie case for the damages or other relief requested (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362);

(6) Interest computations as necessary (CRC 3.1800(a)(3));

(7) A memorandum of costs and disbursements (typically included in Form CIV-100 (CRC 3.1800(a)(4));

(8) A request for attorney’s fees if allowed by statute or by the agreement of the parties (CRC 3.1800(a)(9)), accompanied by a declaration stating that the fees were calculated in accordance with the fee schedule as per Local Rule 3.214.  Where a request for attorney fees is based on a contractual provision the specific provision must be cited; (Local Rule 3.207); and

(9) A proposed form of judgment (CRC 3.1800(a)(6));

(10) Where an application for default judgment is based upon a written obligation to pay money, the original written agreement should be submitted for cancellation (CRC 3.1806). A trial court may exercise its discretion to accept a copy where the original document was lost or destroyed by ordering the clerk to cancel the copy instead (Kahn v. Lasorda's Dugout, Inc. (2003) 109 Cal.App.4th 1118, 1124);

(11) Where the plaintiff seeks damages for personal injury or wrongful death, they must serve a statement of damages on the defendant in the same manner as a summons (Code Civ. Proc. § 425.11, subd. (c), (d)).

(California Rules of Court rule 3.1800.)

Pursuant to Code Civ. Proc., § 1033.5(a)(1), items are allowable as costs under Section 1032 if they are “filing, motion, and jury fees.”

A party who defaults only admits facts well pleaded in the complaint or cross-complaint.  (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154.)  Thus, the complaint must state a claim for the requested relief.

Discussion

Service of the Complaint and Summons

          According to the proof of service filed on May 28, 2021, Defendant was served on May 11, 2021 at 1932 Thomas Street, Los Angeles, CA 90031 via substitute service on Flora Salas.

Dismissal of Other Parties

The Doe defendants were dismissed from the action on September 2, 2022, pursuant to Plaintiff’s request.

Non-Military Status

Calvin F. Love avers to Defendant’s non-military status.

Summary of the Case

Plaintiff provides a brief summary of the case in the Declaration of John Welsome. Plaintiff adequately pleads its cause of action in the Complaint.

Evidence of Damages

“Code of Civil Procedure section 580 prohibits the entry of a default judgment in an amount in excess of that demanded in the complaint.”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286.) Moreover, “a statement of damages cannot be relied upon to establish a plaintiff's monetary damages, except in cases of personal injury or wrongful death.” (Ibid.) “In all other cases, when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint.” (Ibid.)

Here, Plaintiff does not seek damages, but rather seeks the remedy of judicial foreclosure.

Interest

Plaintiff does not seek damages or interest.

Memorandum of Costs and Disbursements

Plaintiff includes a memorandum of costs in the submitted Form CIV-100, averring that it expended $513.45 in costs.

Attorney’s Fees

          Plaintiff does not seek attorney’s fees.

Proposed Form of Judgment

          Plaintiff has submitted a proposed form of judgment consistent with the foregoing.

Submission of the Written Agreement

          California Rule of Court 3.1806 states that “unless otherwise ordered” judgment upon a written obligation to pay money requires a clerk’s note across the face of the writing that there has been a judgment. Because this is not such a case, that requirement does not apply. 

Statement of Damages

Plaintiff does not need to submit a statement of damages because this is not a personal injury or wrongful death case.