Judge: Lisa R. Jaskol, Case: 21STCV29702, Date: 2024-11-27 Tentative Ruling
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Case Number: 21STCV29702 Hearing Date: November 27, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On August 11, 2021, Plaintiff California Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendants Sami Alnabahin (“Alnabahin”), Hadley Tow (“Hadley Tow”), Pacific Truck & Auto Towing, Inc. (“Pacific”), and Does 1-20 for auto negligence—subrogation. The complaint sought $33,895.79 plus costs and interest.
On October 22, 2021, Plaintiff filed proof of service showing substituted service of the summons, complaint, and other documents on Pacific and Hadley Tow on September 15, 2021 and on Alnabahin on September 23, 2021.
On January 3, 2022, the clerk entered the defaults of Alnabahin, Hadley Tow, and Pacific.
On January 3, 2022, Plaintiff filed amended proofs of service.
On June 14, 2022, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
On July 9, 2024, Plaintiff filed an application for entry of default judgment against Alnabahin, Hadley Tow, and Pacific.
PARTY’S REQUEST
In its
CIV-100 form, Plaintiff asks the Court to enter a default judgment against Alnabahin,
Hadley Tow, and Pacific and award Plaintiff $34,585.99, consisting of $33,895.79
as the demand of the complaint and $690.20 in costs.
LEGAL STANDARD
A. Default judgment
California Rules of Court, rule 3.1800(a), provides:
“[With exceptions that do not apply here,] [a] party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) . . . The following must be included in the documents filed with the clerk:
“(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim;
“(2) Declarations or other admissible evidence in support of the judgment requested;
“(3) Interest computations as necessary;
“(4) A memorandum of costs and disbursements;
“(5) A declaration of nonmilitary status for each defendant against whom judgment is sought;
“(6) A proposed form of judgment;
“(8) Exhibits as necessary; and
“(9) A request for attorney fees if allowed by statute or by the agreement of the parties.”
(Cal. Rules of Court, rule 3.1800(a).)
B. Damages
The relief granted to a plaintiff upon entry of a defendant's default cannot exceed the amount demanded in the complaint or, for personal injury cases where damages may not be stated in the complaint, the amount listed in the statement of damages. (Code Civ. Proc., §§ 580, subd. (a), 585, subd. (b).) “The notice requirement of section 580 was designed to insure fundamental fairness.” (Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, 494.) The statute insures that “defendants in cases which involve a default judgment have adequate notice of the judgments that may be taken against them. [Citation.] ‘If a judgment other than that which is demanded is taken against him, [the defendant] has been deprived of his day in court—a right to a hearing on the matter adjudicated.’ ’’ (Id. at p. 493.) A trial court exceeds its jurisdiction if it awards damages in excess of the amount specified in the complaint or statement of damages. (Id. at p. 494.)
DISCUSSION
Plaintiff’s CIV-100 form asks the Court to enter a default judgment and award Plaintiff $34,585.99, consisting of $33,895.79 as the demand of the complaint and $690.20 in costs.
Plaintiff’s JUD-100 form, however, asks the Court to enter a default judgment and award Plaintiff $28,646.04, consisting of $27,955.79 in damages and $690.25 in costs.
The Court cannot grant an application for default judgment when the CIV-100 and JUD-100 forms request different amounts of damages and costs.
The Court denies the application.
CONCLUSION
The Court DENIES without prejudice Plaintiff California Automobile Insurance Company’s application for default judgment against Defendants Sami Alnabahin, Hadley Tow, and Pacific Truck & Auto Towing, Inc. filed on July 9, 2024.
Plaintiff is ordered to give notice of this ruling.