Judge: Michael P. Linfield, Case: 23STCV09573, Date: 2024-02-05 Tentative Ruling

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Case Number: 23STCV09573    Hearing Date: February 5, 2024    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On April 28, 2023, Petitioner Carlos Meza filed a Verified Petition for Release of Property from Lien against Respondents Julio Cruz and JCruz Prestige Construction.

On November 2, 2023, by request of Petitioner, the Clerk’s Office entered default on Respondent Julio Cruz.

On November 16, 2023, by request of Petitioner, the Clerk’s Office entered default on Respondent JCruz Prestige Construction.

On January 23, 2024, Petitioner filed:

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

(2)       Judicial Council Form MC-010, Memorandum of Costs (Summary); and

(3)       Judicial Council Form POS-040, Proof of Service-Civil.

II.       ANALYSIS

        The Request for Default Judgment is GRANTED in part.

        The Court has reviewed the Verified Petition and finds that all requirements for such a petition have been met.

It is DECLARED AND ADJUDGED that the mechanic’s lien described below is expired and unenforceable, that the property is released from the claim of lien, and that the lien no longer exists.

California Mechanic’s Lien, recorded on November 23, 2022 in the Official Records of the Recorder’s Office of Los Angeles County, California, Instrument #20221105367, Page 007, located at 20315 Hartland Street, Canoga Park, California 91306.

        However, the Court is unable to award any damages because no damages were prayed for in the Verified Petition.  Plaintiff’s   prayer in his complaint for “Such other relief as may be just” is not sufficient to put defendants on notice that damages might be awarded.  (See Complaint, p. 2:27.)

        The Court awards the costs requested, except for attorney’s fees. Although attorney’s fees are available here pursuant to Civil Code section 8488, subdivision (c), attorney’s fees cannot be awarded on a default judgment because no damages have been awarded. Further, Plaintiff’s counsel did not file an attorney’s fees declaration; the Court is unable to award attorney’s fees without knowing the reasonableness of the fees incurred. 

Costs are AWARDED in favor of Petitioner and against Respondents, jointly and severally, in the total amount of $665.61.