Judge: Virginia Keeny, Case: 22VECV01098, Date: 2023-01-13 Tentative Ruling

Case Number: 22VECV01098    Hearing Date: January 13, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

Amount:        

Damages:              $20,000.00

Interest:                $6,000.00

Attorney Fees:      $0

Costs:                    $639.28

Punitive:                $75,000.00

Total:                     $101,639.28

On August 3, 2022, Plaintiff Illan Chichportich filed a complaint against Defendant Jacob Rieder for breach of contract, breach of the covenant of good faith and fair dealing, conversion, fraud, negligence, and gross negligence. Plaintiff alleges Defendant engaged with Plaintiff regarding trading services. Plaintiff alleges Defendant indicated to him that with a $5,000 investment from Plaintiff, Defendants could return the initial investment along with a profit. Plaintiff initially transferred $3,300 and another $500.00 after Defendant’s representations that Plaintiff’s initial investment was increasing. However, after several months, Plaintiff alleges Defendant failed to give Plaintiff his login credentials and after Defendant’s failure to make trades on the account, Defendant informed Plaintiff he had lost approximately $2,000 from the profits. Plaintiff requested the balance of $4,200 be transferred to his personal account, but Defendant failed to do so.

Request for entry of default entered October 28, 2022.

TENTATIVE RULING: DENY/CONTINUE

The court cannot award a default judgment greater than the amount pleaded in the complaint, including if the complaint does not specify the amount.  (See Falahati v. Kondo (2005) 127 Cal.App. 4th 823, 830-831.) Plaintiff alleges roughly $6,885 in damages; however, Plaintiff requests $20,000 in damages in their default judgment application.  Moreover, an award of punitive damages requires evidence as to the defendant’s wealth.  (Devlin v. Kearny Mesa AMC (1984) 155 Cal.App. 3d 381, 390; Adams v. Murakami (1991) 54 Cal.3d 105, 118.)

The Code of Civil Procedure section 585 declaration must be provided by someone with personal knowledge, i.e., Plaintiff. (CCP §585(d).)