Judge: Michael P. Linfield, Case: 22STCV13338, Date: 2022-10-19 Tentative Ruling

Case Number: 22STCV13338    Hearing Date: October 19, 2022    Dept: 34

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On April 14, 2022, Plaintiff Ailin Investment Group LLC filed a Complaint against Defendants Trubella Spa (d.b.a. Trubella), Qingsi Xie, YonghongChen, Jieyi Lu, and Does 1 through 10, inclusive. The listed causes of action are breach of written contract and breach of covenant of good faith and fair dealing.

On June 27, 2022, the Clerk’s Office entered default on Defendant Qingsi Xie.

On July 28, 2022, at the request of Plaintiff, the Clerk’s Office dismissed all other Defendants from this action.

        On July 28, 2022, Plaintiff filed its Proposed Judgment and its Declaration in Support of Application for Default Judgment.

II.        ANALYSIS

The only amount specified in Plaintiff’s complaint is $46,913.37.  (See Complaint, ¶¶ 18, 26.)  On a default prove-up, the trial court must hear the evidence offered by the plaintiff and render judgment “in [plaintiff’s favor for such sum, not exceeding the amount stated in the complaint, or for such relief, not exceeding that demanded in the complaint, as appears from the evidence to be just.” (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 362; Kim v. Westmoore Partners (2011) 201 Cal.App.4th 267, 287; CCP 585(b).)

No statement of damages, or other pleading was filed notifying defendants that any specific amount larger than $46,913.37 was being requested.  The Court, therefore, cannot award more than $46,913.37. 

III.     CONCLUSION

The request is GRANTED IN PART. Entry of Default Judgment is granted in the amount of $46,913.37, to be paid by Defendant Qingsi Xie as indicated below:

The Court vacates the OSC re sanctions against Plaintiff’s counsel for failure to appear at the last hearing.