TENTATIVE 

This is Plaintiff’s second request for default judgment. The request for default judgment submitted on January 25, 2024 is DENIED for the following reasons: 

On December 7, 2023, Plaintiff Morgan Lumpkins (“Plaintiff”) filed proof of service that Defendant Beverly Jean Byers (“Defendant”) was personally served with the Statement of Damages on December 2, 2023. The Statement of Damages served on December 2, 2023 increased the amount of damages sought against Defendant in comparison to the version filed on November 8, 2021. A default judgment is void if the required statement of damages was not served on the defendant before the default was taken. (Van Sickle v. Gilbert, supra, 196 Cal.App.4th at p. 1521, 127 Cal.Rptr.3d 542.) A statement of damages is the functional equivalent to an amendment to a complaint that increases the amount of damages sought. (Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 759.)  

Because Plaintiff served an amended Statement of Damages, the November 8, 2021 entry of default is hereby rendered VOID. (CCP 425.11(c)-(d).) Plaintiff must seek new entry of default against Defendant. After Plaintiff obtains new entry of default, Plaintiff may file a new default package.  

No later than ___________, Plaintiff is to submit a new default judgment package. Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to _________.