Judge: Mark H. Epstein, Case: 22SMCV00400, Date: 2024-09-26 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 22SMCV00400    Hearing Date: September 26, 2024    Dept: I

Plaintiff has submitted an opposition to the court’s “motion” not to enter a default judgment.  The court will explain its ruling. 

Plaintiff had a vintage car.  He hired Blakely to rebuild the engine and paid Blakely to do so.  Plaintiff states that, unbeknownst to him, Blakely sent the car to others who did not store it properly, which led to significant damage.  Plaintiff has settled with Blakely, but the other defendants are in default.  Plaintiff has requested that the court enter a default judgment against them.

The court cannot really do so in the way plaintiff would like.  The complaint has no dollar amount in it other than the $9400 that plaintiff paid to Blakely.  The court can enter judgment for $9400, but it would have to be reduced by the amount of any settlement plaintiff reached with Blakely.  The net would be a proper judgment, but that is not what plaintiff seeks.  Plaintiff seeks a recovery for the additional damage to the car—an amount well in excess of $9400.  The problem is that such amount is not quantified in the complaint, and therefore it would be a denial of due process to the defaulted defendants to enter a judgment in that amount.  The judgment would be void on its face.

Therefore, plaintiff has two choices: (1) he can seek a judgment for $9400 less the amount he got through his settlement with Blakely (but given that the judgment is below this court’s minimum jurisdiction, the court is unlikely to award plaintiff his costs); or (2) he can file an amended complaint with the amount of damages set forth, re-serve the amended complaint, and (if defendants do not respond) seek a judgment for that amount, again less whatever was recovered from Blakely.  Of course, if defendants do answer, then the case will have to be litigated.  The court notes that the filing of an amended complaint automatically vacates the default.