Judge: Lynette Gridiron Winston, Case: 22PSCV00248, Date: 2024-02-01 Tentative Ruling
Case Number: 22PSCV00248 Hearing Date: March 15, 2024 Dept: 6
Plaintiff Cindy Lo’s Request for Entry of Default Judgment
Defendant: Treeium Inc.
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED on the condition that Plaintiff submits a corrected Proposed Judgment on Judicial Council Form JUD-100 reflecting the correct total amount of $46,595.16 as set forth herein.
BACKGROUND
This is a breach of contract and fraud action. On March 16, 2022, plaintiff Cindy Lo (Plaintiff) filed this action against defendant Treeium Inc. (Defendant) and Does 1 through 100, alleging causes of action for fraud, breach of contract, breach of implied covenant of good faith and fair dealing, and negligent hiring, supervision and retention. On December 18, 2023, the Court struck Defendant’s answer to the complaint and entered default against Defendant for failure to retain counsel. On January 23, 2024, Plaintiff filed a request for entry of default judgment, which the Court later denied without prejudice.
On February 22, 2024, Plaintiff resubmitted the request for entry of default judgment.
LEGAL STANDARD
Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (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 proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.)
ANALYSIS
Plaintiff seeks default judgment against Defendants in the total amount of $46,595.16, including $46,050.00 in damages, $0.00 in interest, $0.00 in attorney fees, and $545.16 in costs. The Court finds Plaintiff’s request for entry of default judgment to be adequately supported by the evidence. However, the Court notes that the Proposed Judgment on Judicial Council Form JUD-100 reflects different calculations from those listed on Judicial Council Form CIV-100.
CONCLUSION