Judge: Robert B. Broadbelt, Case: 21STCV21142, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV21142    Hearing Date: January 18, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Deborah Lynn Copher         

RESPONDING PARTY:        n/a

Request for Court Judgment by Default

Plaintiff Deborah Lynn Copher (“Plaintiff”) filed this action against defendant Patrick Flynn (“Defendant”) on June 7, 2021, alleging four causes of action for (1) conversion, (2) unjust enrichment, (3) breach of bailment, and (4) negligence.

Defendant’s default was entered on December 21, 2021.

Plaintiff now requests court judgment by default in the amount of $111,171, consisting of $107,526 in damages, $5,482.40 in interest, $585 in costs, and $2,500 in attorney’s fees.

The court denies Plaintiff’s request for court judgment by default.

First, the court finds that, because Plaintiff did not request a specified amount of damages against Defendant in the Complaint, the court cannot enter judgment as requested.  “‘[A] default judgment greater than the amount specifically demanded is void as beyond the court’s jurisdiction.’  Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.”  (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-831.)  Plaintiff’s Complaint does not include a specified request for damages.  (Compl., Prayer [requesting damages and restitution in amounts to be proven at trial].)  The court therefore cannot award Plaintiff any amount of damages.  (Falahati, supra, 127 Cal.App.4th at pp. 830-831.)

Second, the court notes various defects with Plaintiff’s request for judgment. 

Plaintiff did not submit a proposed form of judgment, made on judicial council form JUD-100, as required by California Rules of Court, rule 3.1800, subdivision (a)(6).  Further, although Plaintiff did submit the mandatory Request for Entry of Default form (made on form CIV-100), Plaintiff incorrectly indicated that she was seeking “Entry of Default” rather than “Court Judgment.”  Plaintiff also has not dismissed Doe defendants 1 through 10.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(7).)  Finally, although Plaintiff requests $2,500 in attorney’s fees, Plaintiff did not identify a statute or agreement by the parties entitling Plaintiff to obtain an award of attorney’s fees.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(9).)

The court therefore denies plaintiff Deborah Lynn Copher’s request for court judgment by default.

IT IS SO ORDERED.

DATED:  January 18, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court