Judge: Lynette Gridiron Winston, Case: 22PSCV00469, Date: 2024-03-04 Tentative Ruling
Case Number: 22PSCV00469 Hearing Date: March 4, 2024 Dept: 6
Plaintiff Loren DeShon’s Request for Entry of Default Judgment
Defendant: Dayyon Drinkard aka Dayyon Alexander
COURT RULING
Plaintiff’s request for entry of default judgment is GRANTED. Court will correct and sign the Proposed Judgment.
BACKGROUND
This is a breach of contract case. On May 17, 2022, plaintiff Loren DeShon (Plaintiff) filed this action against defendant Dayyon Drinkard aka Dayyon Alexander (Defendant) and Does 1 to 10. On January 3, 2023, Plaintiff filed the operative First Amended Complaint, alleging causes of action for promissory notes and quantum meruit. On January 18, 2024, Plaintiff filed a request for entry of default judgment.
The Court notes that the Clerk’s office issued a Notice of Rejection for the request for entry of default judgment on January 18, 2024, stating that the proof of service was faulty. (Notice of Rejection (1/18/24).) However, upon the Court’s review, the proof of service filed on July 11, 2023 does not contain any defects warranting its rejection. Accordingly, the Court on its own motion hereby enters default against Defendant, (see L.A. County Court Rules, rule 3.200, subd. (a)), and proceeds with assessment of Plaintiff’s 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 Defendant in the total amount of $43,783.28, including $36,478.55 in damages, $5,316.87 in interest, $1,484.36 in attorney fees, and $503.50 in costs. The Court finds Plaintiff has submitted sufficient evidence to support the requested default judgment. However, the Court also notes that the proposed judgment states a total of $47,783.28, which conflicts with the total stated in paragraph 2 of the request for entry of default judgment, i.e. $43,783.28. (See JUD-100, ¶ 6, subd. (a)(6); CIV-100, ¶ 2, subd. (c).) This appears to have been a typo, which will be corrected by the Court.
CONCLUSION