Judge: Salvatore Sirna, Case: 21WCUD00466, Date: 2022-10-17 Tentative Ruling

Case Number: 21WCUD00466    Hearing Date: October 17, 2022    Dept: A

Plaintiff Karyn Ruiz’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Karyn Ruiz’s application for default judgment is DENIED without prejudice on the following grounds:

1.  Relief sought is not within amount of prayer of complaint or statement of damages.  (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.). While the Plaintiff requests $42,208.05 in her application for default, she does not provide an accounting for damages in her First Amended Complaint’s prayer for relief and the stated damages throughout the complaint total only $39,397.73 ($36,000 for breach of rental agreement (FAC, para. 16, 28) + $1,446.59 in damages in property (FAC, para. 41) + $1,951.14 in utilities as unjust enrichment (FAC, para. 44). To the extent Plaintiff suggests this amount excludes interest and late fees, Plaintiff has not provided notice on how late fees were calculated and failed to submit interest computations in her application for default. (CRC 3.1800(a)(3).) 

 
2.  Plaintiff does not state under what authority (i.e., contract provision for breach of contract claims or statute) attorneys' fees are permitted or warranted in this case. (CRC 3.1800 (a)(9)). Additionally, Plaintiff’s requested amount of attorneys' fees is in excess of the allowable amount provided in Local Rule 3.214.

Plaintiff to submit supplemental documentation within ten (10) days.