Judge: Rupert A. Byrdsong, Case: 23STCV08460, Date: 2025-04-22 Tentative Ruling

Case Number: 23STCV08460    Hearing Date: April 22, 2025    Dept: 28

Tentative Ruling

Judge Rupert A. Byrdsong

Department 28

Hearing Date:                                  April 22, 2025               

Case Name:                                      Alvarez v. Robles, et al.

Case No.:                                           23STCV08460

Motion:                                              Default Judgment

Moving Party:                                 Plaintiffs Margarita Contreras Alvarez

Responding Party:                         Unopposed

Notice:                                                OK

Recommended Ruling:               Plaintiff’s request for entry of default judgment in its favor                                                                         and against Defendant Gonzalo Ruiz Robles is DENIED.

BACKGROUND

On April 17, 2023, Plaintiff Margarita Contreras Alvarez (“Plaintiff”) filed a complaint against Gonzalo Ruiz Robles (“Defendant”), as well as against Tropical Realty, Inc. and Does 1 through 97. Plaintiff alleged causes of action for (1) negligence, (2) breach of implied warranty of habitability, (3) money had and received, (4) wrongful eviction, and (5) fraud and deceit.

Plaintiff alleges she is a residential tenant in a unit owned and operated by Defendants located at 6914 S. Main Street, Los Angeles, California 90003. Plaintiff claims her tenancy has been substantially impaired due to rat infestations, water leaks, and mold, among other serious health and safety issues with the premises. Allegedly, Plaintiff complained of these hazards to Defendants, but Defendants did not do anything to rectify Plaintiff’s concerns. Plaintiff also claims Defendants knocked down one of the walls of her garage. Plaintiff claims she has suffered physical and mental harm from Defendants’ acts.

Plaintiff personally served Defendant Gonzalo Ruiz Robles on April 18, 2023. The clerk entered default against Defendant on August 11, 2023. This is Plaintiff’s second application for entry of default judgment. On February 27, 2024, Plaintiff dismissed Defendant Tropical Realty, Inc. from the action, and on May 29, 2024, Tropical Realty, Inc. dismissed its cross-complaint.

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, Plaintiff has submitted a proposed form of judgment and a CIV-100 form seeking entry of default judgment against Defendant. Likewise, Plaintiff has dismissed the Doe defendants from the matter. The issue is that part of Plaintiff’s damage demand is for punitive damages. To recover punitive damages on a default judgment, Plaintiff must comply with Code of Civil Procedure Section 425.115(b). Plaintiff has not filed proof of service of a punitive damage demand on Defendant. Likewise, to the extent Plaintiff relies on Wikipedia statistics to justify certain damage demands, the Court is not convinced such statistics support Plaintiff’s claim for damages. Plaintiff must either comply with Section 425.115(b) or entirely resubmit the default packet with admissible evidence to support Plaintiff’s claim for damages.

CONCLUSION

Accordingly, Plaintiff’s request for entry of default judgment in its favor and against Defendant Gonzalo Ruiz Robles is DENIED.