Judge: Michael E. Whitaker, Case: 23SMCV03319, Date: 2024-06-14 Tentative Ruling

Case Number: 23SMCV03319    Hearing Date: June 14, 2024    Dept: 207

TENTATIVE RULING

Plaintiff Roman Teroganesyan (“Plaintiff”) requests for default judgment against Defendants ZG Valet, Inc. and Victor Zamora (“Defendants”) in the amount of $32,155.54, which is composed of general damages in the amount of $10,000; special damages in the amount of $21,217.47; and costs in the amount of $938.07.

1.     Doe Defendants 

            Plaintiff’s Complaint alleges a single cause of action for negligence, arising from the theft of valuable items from the trunk of Plaintiff’s vehicle after the vehicle was left unlocked while in Defendants’ care.  Defendant Zamora was substituted in the case as Doe 1.  Defendants were personally served with a copy of the summons and complaint on November 18, 2023. Default was entered against Defendants on February 8, 2024.  Plaintiff has not yet requested dismissal of the remaining unnamed Doe defendants.  The Court cannot enter default judgment while the Doe defendants remain in the case.

2.     Damages

            Plaintiff’s Complaint does not specify the amount of damages sought.  The Court cannot award damages that are in excess of what is pled in the Complaint. (See Code Civ. Proc., § 580, subd. (a) [“The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136-1137 [“when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint”].) 

            Further, the Court notes that Plaintiff served a Statement of Damages on Defendants on February 2, 2024.  (See Proofs of Service filed February 9, 2024.)  However, Plaintiff failed to submit the Statement of Damages with the request for entry of default judgment. 

            But more important, the service of a Statement of Damages in lieu of alleging specific damages in the operative complaint is not apt.  Generally, “A statement of damages cannot be relied on to establish a plaintiff's monetary damages on the defendant's default, except in a personal injury or wrongful death case.”  (Cal. Judges Benchbook, Civ. Proc. Before Trial § 16.16, p. 1924, citations omitted.)   In Sporn v. Home Depot USA, Inc., the Court of Appeal determined:

Defendant also attacks the judgment under section 425.11, contending that plaintiff was required to serve it with a statement of damages and failed to do so. Section 425.11 applies to an action for personal injuries or wrongful death and was passed concurrently with the amendment to section 425.10 that prohibits stating the amount demanded in the complaint filed in such an action. Section 425.11 was enacted to satisfy the due process requirement that defendants be apprised of their exposure before a default may be taken.  But here the complaint, which was not limited to personal injuries and did not claim wrongful death, expressly apprised defendant of the amount demanded. A statement of damages would have been superfluous and was not required under these circumstances.

(Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1302 [Plaintiff’s claims of negligence, gross negligence, fraudulent misrepresentation and fraud centered on the theft of his identity] [cleaned up].)  Similar to the appellate court’s determination Sporn v. Home Depot USA, Inc., this Court finds that Plaintiff’s action is not one for personal injuries or wrongful death as defined pursuant to Code of Civil Procedure sections 425.10 and 425.11.  As such, Plaintiff will need to amend the complaint and serve it on Defendants before the Court will enter default judgment as requested. 

CONCLUSION

            Because the Doe defendants have not yet been dismissed and because Plaintiff seeks damages in excess of those demanded in the Complaint, the Court denies without prejudice Plaintiff’s request to enter default judgment.

            Further, the Court continues the Order to Show Cause re Entry of Default and/or Default Judgment to October 22, 2024 at 8:30 A.M. in Department 207.    

DATED:  June 14, 2024                                  ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court