Judge: Lisa R. Jaskol, Case: 22STCV11168, Date: 2024-05-21 Tentative Ruling
Case Number: 22STCV11168 Hearing Date: May 21, 2024 Dept: 28
Having considered the documents submitted in support of a default judgment, the Court rules as follows.
BACKGROUND
On April 4, 2022, Plaintiff Peter Loprimo (“Plaintiff”) filed this action against Defendants John Doe, Inspire Brands, Inc., Arby’s (“Arby’s”), and Does 1-20 for negligence, battery, and assault.
On August 25, 2023, the clerk entered Arby’s’ default. The same day, Plaintiff filed a proof of service showing personal service on Arby’s’ authorized agent of the summons, complaint, and statement of damages on June 1, 2023.
On April 15, 2024, the Court dismissed Defendants John Doe, Inspire Brands, Inc., and Does 1-20 without prejudice at Plaintiff’s request.
On April 22, 2024, Plaintiff filed a request for Court judgment to be heard on May 21, 2024.
PARTY’S REQUEST
Plaintiff Peter Loprimo asks the Court to enter a default judgment against Defendant Arby’s and award Plaintiff $25,000.00, consisting of $14,350.00 in general damages and $10,650.00 in special damages.
LEGAL STANDARD
A. Default judgment
“[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).)
B. Damages
On a request for default judgment, “[w]here 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.) 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.)
Plaintiff requests $10,650.00 in special damages and $14,350.00 in general damages, for a total of $25,000.00 in damages. To support the request, Plaintiff must submit a declaration describing his damages. The declaration of Plaintiff’s counsel cannot provide this information because Plaintiff’s counsel is not a percipient witness to Plaintiff’s damages.
Section 6 of Plaintiff’s CIV-100 form is not completed. In addition, counsel has not signed two sections of the CIV-100 form.
Plaintiff has not submitted a copy of the statement of damages served on Arby’s. The Court needs to review the statement of damages served on Arby’s to make sure that Arby’s was given notice of the amount of damages Plaintiff is seeking.
The application does not explain the relevance of several documents attached to counsel’s declaration (emails, screenshots, an Arby’s receipt, photographs, a paramedic card). If the documents are relevant to Plaintiff’s request for default judgment, Plaintiff should explain the relevance.
Finally, the complaint is unclear about the alleged cause of Plaintiff’s damages. The complaint alleges that John Doe “threw change” at Plaintiff but it also alleges that Plaintiff was injured in a “collision.” The Court cannot dismiss these concerns by reasoning that Arby’s is in default and waived these issues. “A defendant who defaults admits only facts well pleaded in the complaint. Thus, if the complaint fails to state a cause of action, a default judgment is erroneous and will be set aside on appeal.” (Cal. Practice Guide, supra, ¶ 5:228, p. 5-58.) As the gatekeeper for default judgments, the Court cannot grant this motion in its current form.
The Court denies Plaintiff’s application for entry of default judgment.
CONCLUSION
The Court DENIES Plaintiff Peter Loprimo’s application for default judgment against Defendant Arby’s filed on April 22, 2024.
Plaintiff is ordered to give notice of this ruling.