Case Number:
23STCV00076
Hearing Date:
October 3, 2023
Dept:
52
Order to Show Cause Re: Entry of Default Judgment
Plaintiff Salvador Lopez Jr. successfully requested the defaults of defendants Advance Pipe Bending, a business entity form unknown, and Mitchell McCray.
Plaintiffs complaint, however, has two problems that interfere with obtaining a default judgment.
Prayer for Damages
The complaint does not demand a specific amount of damages.
A default judgment greater than the amount specifically demanded in the complaint is void as beyond the courts jurisdiction.
(
Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc.
(2018) 23 Cal.App.5th 1013, 1018 (
Airs Aromatics
).)
Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.
(
Falahati v. Kondo
(2005) 127 Cal.App.4th 823, 830831.)
Plaintiffs complaint prays for various forms of damages according to proof.
(Comp., prayer,
Hearing Date
October 03, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Case Number:
23STCV00076
Hearing Date:
October 3, 2023
Dept:
52
Order to Show Cause Re: Entry of Default Judgment
Plaintiff Salvador Lopez Jr. successfully requested the defaults of defendants Advance Pipe Bending, a business entity form unknown, and Mitchell McCray.
Plaintiffs complaint, however, has two problems that interfere with obtaining a default judgment.
Prayer for Damages
The complaint does not demand a specific amount of damages.
A default judgment greater than the amount specifically demanded in the complaint is void as beyond the courts jurisdiction.
(
Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc.
(2018) 23 Cal.App.5th 1013, 1018 (
Airs Aromatics
).)
Where no amount of damages is demanded any amount awarded is by definition greater than the amount demanded.
(
Falahati v. Kondo
(2005) 127 Cal.App.4th 823, 830831.)
Plaintiffs complaint prays for various forms of damages according to proof.
(Comp., prayer,