Judge: William A. Crowfoot, Case: 20GDCV00606, Date: 2023-01-20 Tentative Ruling


Case Number: 20GDCV00606    Hearing Date: January 20, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ALICE YUENG-CHING MAN,                   Plaintiff,

            vs.

 

POK MAN TAM, et al.

 

                        Defendants.

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      CASE NO.: 20GDCV00606

 

[TENTATIVE] ORDER RE: PLAINTIFFS’ APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 3

8:30 a.m.

January 20, 2023

 

 

On July 27, 2020, plaintiff Alice Yuen-Ching Man (“Plaintiff”) filed this action against defendants Pok Man Tam, Brighton Bristol, Inc. (“Brighton Bristol”), and Does 1 through 25, inclusive (“Defendants”) for the causes of action (1) breach of fiduciary duty, (2) abuse of control, and (3) unjust enrichment.  Defendants failed to file an Answer. On June 20, 2022, default was entered against Defendant Brighton Bristol.  On August 10, 2022, default was entered against Defendant Pok Man Tam.  Plaintiff now seeks default judgment in the amount of $169,582.00.

When a defendant has been served and no answer, demurrer, or certain motion has been filed within the time specified in the summons, the clerk shall enter the default of the defendant.  (Code of Civ. Proc., § 585, subd. (b).)  The court shall then render judgment in the plaintiff’s favor, not exceeding the amount stated in the statement of damages, as appears by the evidence to be just.  (Ibid.)

A default judgment greater than the amount specifically demanded is void as beyond the court’s jurisdiction.  (Dhawan v. Biring (2015) 241 Cal.App.4th 963, 974.)  In such cases, the default judgment awarding damages in violation of Section 580 are void and subject to either direct or collateral attack.  (Ibid.)

Plaintiff’s request is sufficiently supported by the submitted declarations and evidence. Accordingly, the court will enter the judgment as requested.  However, Plaintiff has failed to dismiss all parties against whom Judgment is not sought, including Doe Defendants per California Rules of Court, rule 3.1800(a)(7).

Accordingly, the Court DENIES the judgment requested.  Plaintiff may refile after dismissing the appropriate defendants.

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.