Judge: Robert B. Broadbelt, Case: 23STCV29559, Date: 2024-05-02 Tentative Ruling

Case Number: 23STCV29559    Hearing Date: May 2, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Yessenia Perez

RESPONDING PARTY:        n/a

Request for Court Judgment by Default

Plaintiff Yessenia Perez (“Plaintiff”) requests that the court enter default judgment in her favor and against defendant Dr. Sebi’s Cell Food, LLC (“Defendant”) in the total amount of $286,858.47, consisting of (1) $8,480 in special damages, (2) $250,000 in general damages,      (3) $25,000 in attorney’s fees, (4) $834.47 in costs, and (5) $2,544 in prejudgment interest.  (Memo., pp. 6:22-7:5.)

The court notes two defects in Plaintiff’s request for default judgment.

First, Plaintiff did not file with the court the mandatory Request for Entry of Default (made on Judicial Council form CIV-100), required by California Rules of Court, rule 3.1800(a).

Second, even if Plaintiff had filed that document, the court finds that it would not be able to enter default judgment against Defendant in any amount because Plaintiff’s Complaint does not specify the amount of damages sought against Defendant.   

“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.  [Citation.]”  (Sass v. Cohen (2020) 10 Cal.5th 861, 863.)  “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.)

Here, Plaintiff’s Complaint does not demand a certain amount of damages against Defendant, and instead (1) alleges that Plaintiff has suffered damages “in an amount according to proof[,]” and (2) prays “[f]or damages according to proof[.]”  (Compl., ¶¶ 32, 42, 49, 56, 70, 79, 90; Compl., Prayer, ¶¶ 1, 4, 5.)  Thus, the entry of default judgment awarding any amount of damages in favor of Plaintiff against Defendant would be void for being in excess of jurisdiction.  (Sass, supra, 10 Cal.5th at p. 863; Falahati, supra, 127 Cal.App.4th at pp. 830-831.)

The court therefore denies plaintiff Yessenia Perez’s request for court judgment by default against defendant Dr. Sebi’s Cell Food, LLC.

IT IS SO ORDERED.

DATED:  May 2, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court