Judge: Mark H. Epstein, Case: 23SMCV01095, Date: 2024-02-13 Tentative Ruling

Case Number: 23SMCV01095    Hearing Date: February 13, 2024    Dept: I

The matter is here for the entry of a default judgment.  The court cannot enter the judgment.  The court notes that there is no specific number set forth in the complaint as to damages.  That is not improper, perhaps, but it is nonetheless the case.  Nor is there a Statement of Damages that was served prior to entry of the default.  There was a Statement of Damages that was filed on February 13, 2024, but that was after default was entered.

Because of the foregoing, the court cannot enter an award.  It is a denial of due process to enter a judgment that is in excess of the number set forth in the complaint or Statement of Damages (assuming the Statement of Damages is filed and served before entry of default). 

Therefore, sadly, the court’s only course would be to vacate entry of default, allow plaintiff to submit a Statement of Damages, and then allow plaintiff to again seek default.  Of course, once the defendant knows of the potential recovery, the defendant might very well elect to answer rather than go by way of default, which is the whole theory behind this doctrine.

The court will discuss this with plaintiff at today’s hearing.  Given the facts of this case, the court is not thrilled with this outcome.  But the court is aware of no other course.  Any judgment entered under these circumstances would be void on its face and unenforceable.