Judge: Michael E. Whitaker, Case: 24SMCV03605, Date: 2025-04-07 Tentative Ruling

Case Number: 24SMCV03605    Hearing Date: April 7, 2025    Dept: 207

TENTATIVE RULING

Plaintiff Truist Bank (“Plaintiff”) requests for default judgment against Defendant Allen J. Klevens[1] (“Defendant”) in the amount of $39,408.36, which is composed of special damages as demanded in the complaint in the amount of $38,810.66 and costs in the amount of $597.70. 

A.    Damages

            Plaintiff’s Complaint alleges two causes of action for (1) breach of contract and (2) money lent, paid, or expended stemming from an unpaid loan.  Defendant was served with the summons and complaint via substitute service on October 9, 2024.  Default was entered against Defendant on February 26, 2025.  There are no Doe defendants. 

            Plaintiff’s Complaint seeks $38,810.66 in special damages. (See Compl.) Therefore, Plaintiff does not seek 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”].) 

            However, the Complaint is unverified and Plaintiff has not provided any evidence in support of the request.  Therefore, the Court cannot enter the requested judgment. 

B.    Costs

The Code of Civil Procedure defines the “prevailing party” as follows:

[T]he party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the “prevailing party” shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.

(Code Civ. Proc., § 1032, subd. (a)(4).)

            Plaintiff requests $597.70 in costs composed of $435 in filing fees, $147.10 in process server fees, and $15.60 in e-filing fees. (CIV-100.) Plaintiff’s request for costs will be granted if Plaintiff is the prevailing party in this action. (Code Civ. Proc., § 1032, subd. (a)(4).)

CONCLUSION

            Plaintiff’s request for default judgment is denied without prejudice. 

            The Court continues the Order to Show Cause Re: Default Judgment to June 6, 2025 at 8:30 a.m. in Department 207.  Plaintiff shall file the renewed default judgment package, including the required declaration, evidentiary support, and proposed judgment, on or before May 27, 2025. 

            Unless Plaintiff waives notice, the Clerk of the Court shall provide notice of the Court’s orders. 

DATED:  April 7, 2025                                  ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court