Judge: Teresa A. Beaudet, Case: 23STCV24096, Date: 2024-10-25 Tentative Ruling

Case Number: 23STCV24096    Hearing Date: October 25, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Suny Khurana (“Plaintiff”) requests entry of default judgment against Defendants E.A. Guzman Plastering, Inc. and Elias Alejandro Guzman Garcia. Plaintiff seeks judgment in the total amount of $533,217.34, comprising $485,315.00 in damages, $45,669.34 in interest, $733.00 in costs, and $1,500.00 in attorney’s fees.

The Court notes a number of defects with the submitted default judgment package.

First, in the Complaint, Plaintiff alleges that “Plaintiff has suffered damages in an amount in excess of $250,000…including estimated costs to now complete and correct all the work, loss of the benefit of having the items installed to benefit from them in his home and delay damages estimated.” (Compl., ¶ 19.) Plaintiff also alleges that he seeks a $500 penalty. (Compl., ¶ 19.) In addition, Plaintiff alleges that “to the extent any payments were made to EAG and GUZMAN as an unlicensed and uninsured contractor, all such payments must be disgorged in an amount believed to be in excess of $200,000.00.” (Compl., ¶ 21.) These amounts total $450,500.00. However, in the instant request, Plaintiff seeks $485,315.00 in damages. The Court notes that “[a] complaint…shall contain…the following:…(2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.¿” (¿Code Civ. Proc., § 425.10, subd. (a)¿.) ¿Code of Civil Procedure section 580, subdivision (a)¿ “¿limits a trial court’s jurisdiction to grant relief on a default judgment to the amount stated in the complaint.¿” (¿Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968¿.) “[I]n all default judgments the demand sets a ceiling on recovery.” ((Finney v. Gomez (2003) 111 Cal.App.4th 527, 534.) Plaintiff seeks damages in an amount that exceeds the amount stated in the Complaint.

Second, Plaintiff’s supporting declaration provides, inter alia, that “we are requesting the court to include in the judgment $10,000 a month for each of 12 months that we were not able to move into our new home because GUZMAN failed to finish his work timely.” (Khurana Decl., ¶ 8.) Plaintiff does not appear to specify how he incurred a loss of $10,000.00 a month.  

Third, it is unclear how Plaintiff arrived at the amount of $45,669.34 in requested interest. The Court notes that pursuant to California Rules of Court, rule 3.1800, subdivision (a)(3), a party seeking a default judgment must file “[i]nterest computations as necessary.”

Fourth, it does not appear that Plaintiff has sought to dismiss the doe defendants. A party seeking a default judgment must file “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment…” (Cal. Rules of Court, rule 3.1800, subd. (a)(7).) 

Fifth, Plaintiff seeks $1,500.00 in attorney’s fees. The Court notes that Plaintiff’s request for court judgment may include “[a] request for attorney fees if allowed by statute or by the agreement of the parties.” (Cal. Rules of Court, rule 3.1800, subd. (a)(9). Plaintiff’s Complaint alleges that Plaintiff is entitled to “attorney fees under California Civil Code section 7160…” (Compl., ¶ 19.) However, the Court is unable to locate any Civil Code section 7160. Plaintiff does not appear to demonstrate that any other statute or agreement of the parties allows for attorney’s fees here. Further, Plaintiff did not provide any evidence substantiating the requested $1,500.00 in attorney’s fees.

Based on the foregoing, the Court denies Plaintiff’s request for default judgment without prejudice. The Court will discuss further proceedings with Plaintiff at the hearing.

DATED:  October 25, 2024                           ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court