Judge: Robert B. Broadbelt, Case: 19STCV11283, Date: 2024-03-19 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 19STCV11283    Hearing Date: March 19, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Shuwen Li

RESPONDING PARTY:       n/a

Request for Court Judgment by Default

Plaintiff Shuwen Li (“Plaintiff”) requests that the court enter default judgment in Plaintiff’s favor and against defendants Timothy Pojim, Yonatan Daniel, and Dajohn Wade (“Defendants”) in the total amount of $53,980.54, consisting of (1) $53,172 in damages, and (2) $808.54 in costs.

First, the court notes that it cannot award damages in the amount of $53,172 as requested, because Plaintiff prayed for damages in the total amount of $50,000.  (Compl., p. 2, ¶ 10, p. 3 [PLD-C-001(1)], ¶ BC-4, p. 4 [PLD-C-001(2)], ¶ CC-2; Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018 [“A default judgment greater than the amount specifically demanded in the complaint is void as beyond the court’s jurisdiction”].)  Thus, the court must limit the award of damages to $50,000.  (Ibid.)

Second, the court finds that Plaintiff has proven that it is entitled to damages in the reduced amount of $50,000.  (Li Decl., ¶¶ 1, 2 [“the total unpaid rent was $33,100”], 3 [Plaintiff expended $20,072 to repair and replace property items].)

Third, the court finds that the $808.54 in costs requested are permitted under Code of Civil Procedure section 1033.5.

Thus, the court finds that Plaintiff has proven that Plaintiff is entitled to default judgment in their favor and against Defendants in the total amount of $50,808.54.

However, the court notes that Plaintiff has not filed a Request for Dismissal of the Doe defendants as required by California Rules of Court, rule 3.1800.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(7); Compl., p. 1, ¶ 1 [naming as defendants Doe defendants 1 to 5].)  Plaintiff may file a Request for Dismissal (CIV-110) or make an oral request to dismiss the Doe defendants at the hearing on the Order to Show Cause re entry of default judgment.

Once the Doe defendants are dismissed, the court will enter court judgment by default in favor of plaintiff Shuwen Li and against defendants Timothy Pojim, Yonatan Daniel, and Dajohn Wade in the total amount of $50,808.54, consisting of $50,000 in damages and $808.54 in costs.

IT IS SO ORDERED.

DATED:  March 19, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court