Judge Virginia Keeny, Case 22VECV00606 2022-10-31 Tentative Ruling

Judge: Virginia Keeny, Case: 22VECV00606, Date: 2022-10-31 Tentative Ruling

Case Number: 22VECV00606 Hearing Date: October 31, 2022 Dept: W

DEPT W

DEFAULT JUDGMENT

Case No.	22VECV00606
Case Name:	Eddie Gershman v. Chanax Air & Heat, Inc. et al.
Defaulting Defendant(s):	Chanax Air & Heat, Apolonio Geovany Chanax Chavez, Chanax HVAC Engineering Corp., Harley Chanax, Jessie Hernandez
Hearing Date:	October 31, 2022

Amount:

Damages: $29,960.00

Costs: $435.00

Total: $30,395.00

Plaintiff Eddie Gershman (“Plaintiff”) alleges Defendants Chanax Air & Heat, Inc., Apolonio Geovany Chanax Chavez, Chanax HVAC Engineering Corp., Harley Chanax, and Jessie Hernandez (“Defendants”) installed a defective HVAC system at Plaintiff’s property after making fraudulent representations. On May 2, 2022, Plaintiff filed a complaint for 1) Fraud and Deceit; 2) Breach of Written Contract; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Conversion; 5) Money Had and Received; and 6) Money Paid.

Default was entered against all Defendants on June 30, 2022.

TENTATIVE RULING: DENY

Plaintiff’s complaint pleads damages of $24,970.00 but the default package requests $29,960.00. The amount granted by a default judgment may not exceed the amount demanded in complaint. (CCP § 580(a).) Plaintiff’s complaint states that Plaintiff paid Defendant $24,970.00 for the defective HVAC system. However, Plaintiff’s default judgment package requests $29,960.00 based on a bid for a replacement of the HVAC system.

Additionally, Plaintiff’s declaration states that he paid Defendants $21,000 but only provides sufficient evidentiary and factual support for the requested relief in the amount of $14,000:

See Gershman Decl. Exhibit 1 for Evidence of Contract with Chanax Air & Heat (showing a contract price of $15,000). See Gershman Decl. Exhibit 2 for Copies of Checks paid to Chanax Air & Heat (showing three checks of $7,000 each; however, two of the checks are the same).

Plaintiff submits evidence of a proposal of services for replacement of the HVAC system with a company called First Choice Air; however, this document is not authenticated and these damages are not pleaded in the complaint.

See Gershman Decl. Exhibit 4 for Bid for Replacement of the defective HVAC system.