Judge: Virginia Keeny, Case: 22VECV01159, Date: 2023-04-18 Tentative Ruling

Case Number: 22VECV01159    Hearing Date: April 18, 2023    Dept: W

DEPT W

DEFAULT JUDGMENT

Amount:                    

Damages:              $74,860.00

Interest:                $76,065.88

Attorney Fees:      $585.00

Costs:                    $5,000.00

Total:                     $156,510.88

Plaintiff Faustino Pacheco Morales and Defendants Ravit and Sharon Ohana entered into an agreement whereby Plaintiff was to transport dirt from one of Defendants’ properties to another. Plaintiff submitted invoices for payments; however, Defendants have failed to pay.

On August 15, 2022, Plaintiff filed a complaint against Defendants asserting causes of action for breach of contract, common counts, and quantum meruit.  

Request for entry of default was entered February 14, 2023.

TENTATIVE RULING:  DENY

Plaintiff impermissibly seeks damages in excess of the amount stated in the complaint. (Jackson v. Bank of America (1986) 188 Cal.App.3d 375, 387.) The default application requests $74,860.00 in damages. However, Plaintiff seeks only $50,000.00 in damages in the complaint. Plaintiff must serve and file an amended complaint seeking the appropriate damages.

Plaintiff does not point to a statutory or contractual basis for attorney fees. Moreover, the amount requested in attorney’s fees exceeds the allowable amount under Local Rule 3.214. Plaintiff has not demonstrated the work provided in obtaining the default should exceed the Local Rule amount.

Plaintiff must provide an interest computation. (CRC 3.1800(a)(3).)