Judge: Kevin C. Brazile, Case: 24STCV02743, Date: 2024-07-15 Tentative Ruling

Hearing Date: July 15, 2024

Case Name: McGowan, et al. v. Fame Gardens LP

Case No.: 23STCV24498

Matter: OSC re: Default Judgment 

Ruling: The Default Judgment Application is denied without prejudice.

Plaintiffs to give notice.

This is a habitability matter.  Plaintiffs Phillip Pharell Mcgowan, Devon Monique Martinez, Joseph Manuel Eddins, and Cereniti Claire Martinez Mcgowan seek a default judgment against Defendant Fame Gardens LP.

While Plaintiffs request $540,000 in damages, the Complaint fails to make any specific request for damages against Defendant.  This is problematic as “[t]he relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint . . . .”  (Code Civ. Proc. § 580.)  Further, phrases such as “in an amount not less than” do not give notice for the purposes of Code Civ. Proc. § 580.  (Electronic Funds Solutions, LLC v. Murphy (2005) 134 Cal.App.4th 1161, 1173-1174.)  Code Civ. Proc. § 580 applies even when a defendant has defaulted after having filed an answer and having participated in discovery.  (See Greenup v. Rodman (1986) 42 Cal.3d 822, 828; Elec. Funds Sols., LLC v. Murphy (2005) 134 Cal.App.4th 1161, 1175.)  That a statement of damages was served is irrelevant as this is not a personal injury or wrongful death action.  

Thus, Plaintiffs can either accept the jurisdictional minimum of $25,001 in damages or else amend the Complaint’s allegations as to damages, which would be a material change opening Defendant’s default.  (Cole v. Roebling Const. Co. (1909) 156 Cal. 443; Leo v. Dunlap (1968) 260 Cal.App.2d 24, 27-28.)

Accordingly, the Default Judgment Application is denied without prejudice.

Plaintiffs to give notice.