Case Number: KC068712 Hearing Date: February 21, 2018 Dept: O

Garvey Avenue South, LLC v. Cushman & Wakefield of California, Inc. (KC068712)

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff’s application for default judgment is DENIED without prejudice on the following grounds: (Or in the alternative can be resubmitted for no more than $1,000,000.00 or any amount of a lesser sum supported by the declarations and evidence.)

Due process considerations limit the amount of damages awardable on default. The demand sets a ceiling on recovery. (Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) If no specific damages are alleged in the complaint, a prayer “for such other and further relief as the court deems just” will not support a default judgment for any specific sum. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494-495.)

The Complaint prays for judgment “in excess of $1,000,000.” Since Plaintiff is seeking the additional amount of $229,880.02, Plaintiff must give notice to defaulting Defendant of those additional sums requested. Plaintiff must personally serve an AMENDED COMPLAINT upon defendant before seeking entry of default. Serving a statement of damages will not cure this defect. (See Levine v. Smith (2006) 145 Cal. App. 4th 1131, 1136-1137 – Statements of damages are used only in personal injury and wrongful death. In all other cases, when recovering damages in a default judgment, a plaintiff is limited to the damages specified in the complaint.)

Alternatively, Plaintiff may waive the excess.

2. Does 1-50 have not been dismissed. (CRC 3.1800(a)(7).)

3. Because the principal is uncertain, calculation of attorney’s fees pursuant to the fee schedule is also uncertain. (Local Rule 3.214(a).)