Judge: Rupert A. Byrdsong, Case: 21STCV37262, Date: 2024-10-21 Tentative Ruling


Case Number: 21STCV37262    Hearing Date: October 21, 2024    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

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Hearing Date:                                  October 21, 2024         

Case Name:                                      Shenassa v. Zakarya, et al.

Case No.:                                           21STCV37262

Motion:                                              Default Judgment

Moving Party:                                 Plaintiff Truman Shenassa

Responding Party:                         Unopposed

Notice:                                                OK

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Recommended Ruling:               Plaintiff Truman Shenassa’s request for entry of                                                                                                                 default judgment in his favor and against Defendants Ben                                                                            Zakarya Philip Dave Clyde is DENIED.

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BACKGROUND

 

On October 8, 2021, Plaintiff Truman Shenassa (“Plaintiff”) filed a complaint against Ben Zakarya and Philip Dave Clyde (collectively “Defendants”), as well as against Does 1 through 10. Plaintiff alleged causes of action for (1) breach of contract and (2) breach of fiduciary duty.

 

Plaintiff alleges he opened escrow on a piece of property so that the property could be purchased and developed. Allegedly, Plaintiff and Defendant Zakarya entered into an oral contract whereby Zakarya would purchase the property, and Plaintiff would develop the property for sale. Plaintiff claims that while he performed his promises with relation to the property, Defendant Zakarya failed to comply with the terms of the agreement.

 

Plaintiff personally served Defendant Zakarya on January 25, 2022. The Clerk entered default against Defendant Zakarya on July 11, 2022.

 

ANALYSIS

 

Code of Civil Procedure (“CCP”) Section 585 permits entry of a judgment after a defendant’s default has been entered.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP Section 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  CRC 3.1800.

 

JC Form CIV-100 must be used to request court judgment.  Item number 2 must be completed.  Item number 8 must be completed if the Defendant is an individual.  Plaintiff must submit a proposed form of judgment. 

 

Here, the Court held an order to show cause hearing re: status of entry of default on August 8, 2024. At that hearing, the Court denied Plaintiff’s proposed judgment and ordered Plaintiff to resubmit the entire default packet and proposed judgment. Plaintiff has yet to refile any parts of the default packet or proposed judgment. Accordingly, the same defects in Plaintiff’s application for default judgment still exist. Current defects include no proof of service for Philip Dave Clyde, no entry of default against Philip Dave Clyde, Item 2 of Plaintiff’s CIV-100 form for Defendant Zakarya is not completed, the exhibits attached to the proposed form of judgment are illegible, and the proposed form of judgment shows damages of $0.00 (despite Plaintiff’s declaration seeking $611,000.00).

 

CONCLUSION

 

Therefore, Plaintiff Truman Shenassa’s request for entry of default judgment in his favor and against Defendants Ben Zakarya and Philip Dave Clyde is DENIED.