Case Number: 19CMCV00145 Hearing Date: February 28, 2020 Dept: A

# 3. Osman Mejia v. JL Furnishings, LLC, et al.

Case No.: 19CMCV00145

Matter on calendar for: Default Judgment

Tentative ruling:

Background

This is an action arising from employment. Plaintiff Osman Mejia alleges that Defendants JL Furnishings, LLC, Camro, LLC, and JLF Collection violated numerous Labor Code provisions while Plaintiff worked for Defendants as an upholsterer.

Plaintiff now moves for default judgment against Defendants in the sum of $99,624.32, having previously filed a Statement of Damages in the sum of $2,276,500.00. The application is unopposed.

For the reasons set forth below, the Court denies the application.

Analysis

The Court cannot award damages in a default judgment that exceeds the amount alleged in the Complaint. (Levine v. Smith (2006) 145 Cal.App.4th 1131, 1137.) “ ‘Our Supreme Court has held that “a default judgment greater than the amount specifically demanded [in the complaint] is void as beyond the court’s jurisdiction. Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.” ’[Citation.]” (Ibid.) “According to proof” does not provide a defendant with adequate notice. (California Novelties, Inc. v. Sokoloff (1992) 6 Cal.App.4th 936 (distinguished as superseded by statute on other grounds in Schwab v. Southern California Gas Co. (2004) 114 Cal.App.4th 1308, 1322, fn. 11.).)

A review of Plaintiff’s Complaint shows that no specific damages were alleged. Instead, Plaintiff filed a statement of damage. Statements of damages are limited to personal injury and wrongful death actions, but Plaintiff’s action is founded in employment law. (Levine, supra, 145 Cal.App.4th at 1136–1137.) Plaintiff’s service of a statement of damages upon Defendants cannot cure the Complaint’s lack of damages in a non-personal injury or wrongful death action. (Id. at 1137.)

Default judgment is denied. Plaintiff must amend the Complaint and re-serve it upon the Defendants.

Ruling

Default judgment is denied. Plaintiff must amend the Complaint and re-serve it upon the Defendants.