Judge: Thomas D. Long, Case: 22STCV24840, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV24840    Hearing Date: August 24, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 2, 2022, Plaintiffs Keyubba Bowman and  Rashon Bowman filed this action against Defendants Novad Management Consulting LLC (“Novad”), ISN Corporation, Department of Housing and Urban Development (HUD), and Doe defendants.

On May 23, 2023, the Court entered default against Novad.  No other defaults have been entered.

On July 10, 2023, Plaintiffs filed a request for entry of default judgment against Novad.

Plaintiffs seek a judgment consisting of $517,000.00 in compensatory damages, $682,285.00 in special damages, $729.00 in costs, and uncalculated prejudgment interest.  Plaintiffs also seek injunctive relief consisting of cancellation of liens and release of money in escrow.

Plaintiffs’ request for default judgment contains numerous deficiencies.  Some are detailed below.

Plaintiffs did not file the required Form CIV-100 to request default judgment.

The Complaint alleges most causes of action against all defendants jointly.  “Where parties are jointly liable on the same obligation, it is improper to enter a default judgment against one while the action remains pending against others.”  (6 Witkin, Cal. Proc. (6th ed. March 2023 Update) Judgment by Default, § 171(2)(b).)  No other defendants are in default.  Therefore, the Court cannot enter a default judgment against Novad at this time.

Much of Plaintiffs’ damages request appears to be based on emotional distress and medical damages, which are “damages for personal injury.”  (See Code Civ. Proc., § 425.11, subd. (b).)  There is no evidence that Plaintiffs served a Statement of Damages on Novad before entry of default.  (See Code Civ. Proc., § 425.11, subd. (c).)  Other itemized damages (for example, $65,514.00 from the inability to flip a purchase of a home, $5,000 for moving, and $15,000 in lost income) are unsupported in the conclusory declarations and do not explain how they are caused by the defendants’ conduct.

Plaintiffs also do not provide a declaration with calculations for any amount of prejudgment interest.  (California Rules of Court, rule 3.1800(a)(3).) 

The request for entry of default judgment is DENIED WITHOUT PREJUDICE.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 24th day of August 2023