Judge: Lisa R. Jaskol, Case: 23STCV06523, Date: 2025-06-04 Tentative Ruling

Case Number: 23STCV06523    Hearing Date: June 4, 2025    Dept: 28

Having considered the documents submitted in support of Plaintiff’s request for default judgment, the Court rules as follows. 

BACKGROUND 

On March 24, 2023, Plaintiff Miwon Angela Cho (“Plaintiff”) filed this action against Defendants Oak Dol Spa, Jungsuk Kim, Sun Eo Bog, Western San Marino Plaza, Inc., Shin Sook Park, and Does 1-25 for for general negligence and premises liability. 

On October 15, 2024, the clerk entered the defaults of Defendants Oak Dol Spa, Jungsuk Kim, Sun Eo Bog, Western San Marino Plaza, Inc. and Shin Sook Park (“Defendants”). 

On February 24, 2025, Plaintiff filed an application for default judgment against Defendants. 

On February 27, 2025, the Court dismissed Does 1-25 without prejudice at Plaintiff’s request. 

PARTY’S REQUESTS 

Plaintiff asks the Court to enter a default judgment against Defendants and award Plaintiff $14,190.39, consisting of special damages of $3,023.00, general damages of $9,069.00, and costs of $2,098.39. 

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; 

“(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 2024) ¶ 5:213.1, p. 5-56, 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.) 

DISCUSSION 

Section 5 of Plaintiff’s JUD-100 form lists a plaintiff and defendants who are not parties in this case. 

The Court denies Plaintiff's application for default judgment without prejudice. 

CONCLUSION 

The Court DENIES without prejudice Plaintiff Miwon Angela Cho’s application for default judgment against Defendants Oak Dol Spa, Jungsuk Kim, Sun Eo Bog, Western San Marino Plaza, Inc. and Shin Sook Park. 

Plaintiff is ordered to give notice of this ruling.