Judge: Kevin C. Brazile, Case: 24STCV16948, Date: 2025-03-21 Tentative Ruling

Hearing Date: March 21, 2025

Case Name: Orellana v. Greenaway, et al.

Case No.: 24STCV14030

Matter: OSC re: Default Judgment 

Ruling: The Default Judgment Application is denied without prejudice.

Moving party to give notice.

This is a personal injury matter. 

While Plaintiff requests $439,834.01 in damages, a statement of damages was not filed before the default was entered.  This is problematic as “[t]he relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115”  (Code Civ. Proc. § 580.)  A demand for “damages according to proof” is insufficient; such a demand does not provide adequate notice to sustain a default judgment.”  (Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 1024, 1027.)  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.)  

Thus, Plaintiff can either accept the jurisdictional minimum of $35,000 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.

Plaintiff to give notice.