Abbey Street Investment Co. v. Serec of California (KC068886)

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff’s application for default judgment is GRANTED with a reduction of damages to $530,272.00.

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.) Specific damage allegations in the body of the complaint may provide notice to the defendant of the amounts being sought and thus cure a defective prayer. (National Diversified Services, Inc. v. Bernstein (1985) 168 Cal.3d 410, 418.)