Judge: Michael P. Linfield, Case: 22STCV31871, Date: 2023-10-25 Tentative Ruling

Case Number: 22STCV31871    Hearing Date: October 25, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On September 29, 2022, Plaintiff Stefanie Albayati filed her Complaint against Defendants Mama D’s El Segundo, LLC, MDS Hermosa Beach, Inc., MDS Redondo Beach, Inc., and Christopher Davidson.

On March 13, 2023, Plaintiff filed her First Amended Complaint.

On June 30, 2023, by request of Plaintiff, the Clerk’s Office entered default against Defendant Mama D’s El Segundo, LLC.

On August 24, 2023, by request of Plaintiff, the Clerk’s Office entered default against Defendants MDS Hermosa Beach, Inc., and MDS Redondo Beach, Inc.

Plaintiff has not filed any other items since these defaults were entered in this matter. 

On September 5, 2023, the Court dismissed with prejudice Christopher Davidson from the First Amended Complaint.

        On October 18, 2023, for each of the three Defendants, Plaintiff filed:

(1)       Judicial Council Form CIV-100, Request for Court Judgment;

(2)       Judicial Council Form JUD-100, Proposed Judgment;

(3)       Declaration of Cathryn G. Fund;

(4)       Declaration of Stefanie Albayati;

(5)       Memorandum of Costs and Disbursements;

(6)       Memorandum Regarding Attorneys’ Fees;

(7)       Proof of Service Re Default Package; and

(8)       Summary of the Case.

On October 19, 2023, Plaintiff filed her Judicial Council Form CIV-110, Request for Dismissal.

        On October 23, 2023, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the Doe defendants from the First Amended Complaint.

II.       ANALYSIS

Plaintiff requests various amounts in her Requests for Court Judgment. However, the amounts awarded cannot exceed the amounts requested in her First Amended Complaint.

In her Complaint, Plaintiff prays for:

(1)       $250,000.00 in general damages;

(2)       $20,000.00 in special damages;

(3)       $500,000.00 in punitive damages;

(4)       $150,000.00 in attorney’s fees;

(5)       $10,000.00 in costs;

(6)       $10,000.00 in prejudgment interest; and

(7)       $20,000.00 in unpaid wages and statutory penalties.

(First Amended Complaint, p. 14:2–10.)

In her Request for Court Judgment, Plaintiff prays for:

(1)       $250,000.00 in general damages;

(2)       $25,251.22 in special damages;

(3)       $4,642.51 in attorney’s fees.

(4)       $1,164.22 in costs; and

(5)       $10,130.88 in interest.

(CIV-100, Item 2.)

Relief afforded in default judgment is limited to type and amount of claims in complaint, with certain exceptions not relevant here. (CCP §§ 425.11, 580, 585(a)(b).)  The amount in the complaint prayer controls. (National Diversified Services, Inc. v. Bernstein (1985) 168 Cal.3d 410, 418)

Plaintiff’s Request for Default Judgment is GRANTED in part. Default judgment is AWARDED in favor of Plaintiff and against Defendants MAMA D’S EL SEGUNDO LLC, MDS HERMOSA BEACH INC. and MDS REDONDO BEACH INC., jointly and severally, in the total amount of $285,806.73 as shown below: