Judge: Lynette Gridiron Winston, Case: 24PSCV00222, Date: 2024-07-30 Tentative Ruling
Case Number: 24PSCV00222 Hearing Date: July 30, 2024 Dept: 6
Plaintiffs Javier Hernandez and Alicia B. Hernandez’s Request for Entry of Default Judgment
Defendant: Jose Juan Gutierrez
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is DENIED without prejudice.
BACKGROUND
This is a construction contract dispute. On January 22, 2024, plaintiffs Javier Hernandez (Javier) and Alicia B. Hernandez (collectively, Plaintiffs) filed this action against defendants Jose Juan Gutierrez (Jose), Luis Gutierrez, Refugio Reyes-Mireles, an individual also doing business as Reyes Pools, and Does 1 to 20, alleging causes of action for breach of written contract, common count, rescission & restitution, unfair business practices B&P 17200, negligence, and breach of implied warranty.
On April 2, 2024, default was entered against Jose. On May 29, 2024, Plaintiffs dismissed Luis Gutierrez, Refugio Reyes-Mireles, and Does 1 to 20. On June 10, 2024, Plaintiffs requested entry of default judgment against Jose.
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) declaration of nonmilitary status; (6) a proposed form of judgment; (7) 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; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.)
ANALYSIS
Plaintiffs seek default judgment against Defendant Jose in the total amount of $88,013.47, including $81,770.00 in damages, $3,136.00 in interest, $2,525.40 in attorney fees, and $582.07 in costs. The Court finds the request for entry of default judgment defective, as it is not supported by any documentary evidence of damages suffered. Plaintiff Javier Hernandez’s declaration alone is not sufficient to prove damages. (See Code Civ. Proc., § 585, subd. (b). [“The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff's favor for that relief, not exceeding the amount stated in the complaint… as appears by the evidence to be just.”]) In the context of a request for entry of default judgment by the court, evidence to establish liability is not required since a defendant’s failure to answer the complaint admits the well-pleaded allegations of the complaint and no further proof of liability is required. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 883.) However, the “only additional proof required for a default judgment is that needed to establish damages.” (Id., at p. 884.)
Plaintiffs ask for principal damages in the amount of $81,770.00, purportedly comprised of $49,820.00 paid to Jose and third parties at the direction of Jose, plus $31,950.00 for third parties they were forced to hired to remove and correct all of the defective work performed by Jose. (Hernandez Decl., ¶¶ 8, 17.) Plaintiffs did not provide any documentary evidence to prove that they paid the amounts they claim to have paid. Javier’s declaration only contains a contract for the construction service agreement between Plaintiffs and Jose. (Id., Ex. 1.) Javier’s declaration also lacks specificity regarding the payments made. (See Hernandez Decl., ¶¶ 8, 17.) Plaintiffs must provide documentary evidence or at least more details in their declarations to support the amount of damages they seek here. (See Cal. Rules of Court, rule 3.1800, subd. (a)(2) [“Declarations or other admissible evidence in support of the judgment requested”].)
CONCLUSION