Judge: Peter A. Hernandez, Case: 23PSCV01135, Date: 2023-08-21 Tentative Ruling

Case Number: 23PSCV01135    Hearing Date: August 21, 2023    Dept: K

Background   

This is an unlawful detainer action regarding the commercial premises located at 3809 Durbin St., Irwindale, CA 91706 (“Premises”).

On April 18, 2023, Plaintiff Bite America Corp. (“Plaintiff”) filed a complaint, asserting a cause of action for Unlawful Detainer against Defendants Steven Mark Beckett, Jr. (“Beckett, Jr.”), 247 Tire Service (“247”) and Does 1-10.

On June 28, 2023, Beckett, Jr.’s default was entered; that day, 247 was dismissed, without prejudice.

On June 30, 2023, a clerk’s default judgment for possession only was filed.

Discussion

The court will construe the instant “Motion to Amend the Court’s Judgment for ‘Possession Only’ Default Judgment to Include Past Due Rent, Holdover Damages, Pre-Judgment Interest, and Costs” as an Application for Default Judgment.

Plaintiff’s Application for Default Judgment is denied without prejudice[1]. The following defects are noted:

Paragraph 2 (i.e., “Judgment to be entered”) of Plaintiff’s Request for Court Judgment

Judicial Council Form XIC-100 reflects that Plaintiff seeks interest of $4,975.42. Plaintiff, however, did not request interest in its complaint. Relief not demanded in the complaint cannot be granted by default judgment even though that relief otherwise would have been proper. “The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115.” (Code Civ. Proc., § 580, subd. (a).)