Judge: Lisa R. Jaskol, Case: 21STCV30782, Date: 2024-01-22 Tentative Ruling

Case Number: 21STCV30782    Hearing Date: January 22, 2024    Dept: 28

Having considered the documents submitted in support of a default judgment, the Court rules as follows. 

BACKGROUND 

On August 19, 2021, Plaintiff Hagob Kevorkian (“Plaintiff”) filed this action against Defendants Pacifico S. Ner (“Pacifico Ner”), Maria C. Ner (“Maria Ner”), Ner Family Trust (“Trust”), and Does 1-25 for negligence. 

On March 16, 2022, Plaintiff amended the complaint to include Defendant Mehial F Evseff (“Evseff”) as Doe 1. 

On February 15, 2023, Plaintiff filed statements of damages sought against Evseff and Maria Ner.  

On February 17, 2023, Plaintiff filed statements of damages sought against Trust and Pacifico Ner. 

On August 2, 2023, the clerk entered the defaults of Pacifico Ner and Trust. 

On August 10, 2023, the clerk entered Maria Ner’s default.  On August 11, 2023, the clerk entered Evseff’s default. 

On November 28, 2023, Plaintiff filed a request for Court judgment to be heard on January 22, 2024. 

PARTY’S REQUEST 

Plaintiff requests that the Court enter a default judgment against Defendants and award Plaintiff $1,033,523.78, consisting of $32,275.89 in special damages, $1,000,000.00 in general damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $1,247.89 in costs. 

LEGAL STANDARD 

“[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; 

“(7)  A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each 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).) 

          “Where a cause of action is stated in the complaint, plaintiff merely needs to introduce evidence establishing a prima facie case for damages.”  (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 5:213.1, p. 5-56 (Cal. Practice Guide), citing Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361 [trial court erred in applying preponderance of the evidence standard].)

           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 (Becker).) 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; see Cal. Practice Guide, supra, ¶ 5:258, p. 5-70.) 

DISCUSSION 

The JUD-100 form refers to Attachment 5a.  There is no attachment. 

Plaintiff has not dismissed the Doe defendants. 

The application does not support the request for $1,000,000.00 in general damages.   

The Court denies the application. 

CONCLUSION 

The Court DENIES Plaintiff Hagob Kevorkian’s application for default judgment filed on November 28, 2023 without prejudice. 

Plaintiff is ordered to give notice of this ruling.