CAPITAL REBAR, INC., A CALIFORNIA CORPORATION VS VILLAS ON OSWEGO, LLC, A LIMITED LIABILITY COMPANY, ET AL.

Tentative Rulings

Case Number: *******0393    Hearing Date: August 17, 2020    Dept: 20

Ruling

Judge David J. Cowan

Department 20

Date: Monday, August 17, 2020

Case Name: Capital Rebar, Inc. v. Villas on Oswego, LLC et al.

Case No.: 18STCV10157 (lead) / *******0393 (original)

Application: Default Judgment

Notice: OK

Ruling: Plaintiff Capital Rebar’s application for default judgment in its favor and against Defendants Villas on Oswego, LLC and Villa Nova Developing, Inc. is DENIED WITHOUT PREJUDICE. 

Within 15 days of this Ruling, Capital Rebar shall file an updated default package seeking dismissal of all parties which Capital Rebar is not seeking default judgment against, including Does.

The OSC re: Default Judgment is continued from August 17, 2020 to September 21, 2020, at 8:30 a.m. 

BACKGROUND

On March 28, 2019, Plaintiff Capital Rebar, Inc. filed a Complaint against Defendants Villas on Oswego, LLC, Villa Nova Developing, Inc., Mitchell Environmental Concrete, Inc. (“MEC”) and Does for breach of contract, common counts, and enforcement of a mechanic’s lien.

On June 28, 2019, the clerk entered default against all Defendants.

On July 8, 2019, MEC filed an Answer and Cross-Complaint after entry of default.

On August 12, 2020, Capital Rebar filed its default judgment package for judgment against Villas on Oswego and Villa Nova Developing, but not MEC.

ANALYSIS

CCP ; 585 permits entry of a judgment after a defendant’s default has been entered. CRC Rule 3.1800(a) requires a party seeking default judgment by court judgment must file a Request for Court Judgment (Form CIV-100) and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a declaration of nonmilitary status for each defendant against whom judgment is sought; (6) a proposed form of judgment (optional Form JUD-100); (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP sec. 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. Capital Rebar requests a total judgment of $30,498.43 consisting of $19,115.00 in damages, $9,462.09 in prejudgment interest, $1,266.94 in attorney fees, and $654.40 in costs.

Capital Rebar’s request is denied without prejudice for failure to satisfy Rule 3.1800(a)(7) by either dismissing MEC or making an application for separate judgment under CCP sec. 579. The Court can enter default judgment against some but not all defendants only under CCP sec. 579. It is unclear whether MEC is still in default despite recent filings; default was entered before MEC filed its answer and MEC did not move to vacate its default. Capital Rebar also failed to dismiss unnamed Does, which is an independent basis to deny default judgment without prejudice regardless of MEC’s status in this action.

CONCLUSION

Plaintiff Capital Rebar’s application for default judgment in its favor and against Defendants Villas on Oswego, LLC and Villa Nova Developing, Inc. is DENIED WITHOUT PREJUDICE. 

Within 15 days of this Ruling, Capital Rebar shall file an updated default package seeking dismissal of all parties Capital Rebar is not seeking default judgment against, including Does.

The OSC re: Default Judgment is continued from August 17, 2020 to September 21, 2020, at 8:30 a.m. in Department 20.