Judge: Robert B. Broadbelt, Case: 20STCV49467, Date: 2025-01-21 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: 20STCV49467    Hearing Date: January 21, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Cross-complainant Westside Contractors, Inc.         

RESPONDING PARTY:       n/a

Request for Default Judgment

Cross-complainant Westside Contractors, Inc. (“Westside”) requests that the court enter default judgment in its favor and against cross-defendant Regency Plastering, Inc. (“Regency”) in the total amount of $3,341,307.66, consisting of (1) $2,757,208.75 in damages, (2) $528,024.36 in interest, (3) $3,414.55 in costs, and (4) $52,660 in attorney’s fees.[1]

The court finds that it cannot enter default judgment in the amount requested by Westside.

“The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint . . . .”  (Code Civ. Proc., § 580, subd. (a).)  “Thus, ‘in all default judgments, the demand sets a ceiling on recovery,’ and a judgment purporting to grant relief beyond that ceiling is void for being in excess of jurisdiction.”  (Sass v. Cohen (2020) 10 Cal.5th 861, 863.)

In the prayer of its Cross-Complaint, Westside has prayed for damages in the amount of $500,000.  (Cross-Compl., Prayer, § a.)  Thus, the court cannot award damages to Westside in excess of that amount.  (Sass, supra, 10 Cal.5th at p. 863; Greenup v. Rodman (1986) 42 Cal.3d 822, 830 [allegations requesting damages in an amount that exceeds the jurisdictional requirements of the court, which, at the time, was $15,000, gave the defendant sufficient notice that the plaintiff claimed at least $15,000 in damages, such that a judgment in that amount—but no more—was within the jurisdiction of the court].)

The court therefore denies Westside’s request for default judgment, without prejudice to Westside’s filing new default judgment documents that (1) request damages in an amount equal to or less than $500,000, and (2) request interest on the modified amount and are supported by revised interest computations.

IT IS SO ORDERED.

DATED:  January 21, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court