Improper To Enter Default Judgment Where Fees Were Not Authorized By Statute or Contract.
In Luginbill v. Salva, Case No. E068549 (4th Dist., Div. 2 Aug. 15, 2018) (unpublished), plaintiff only demanded $11,500 base damages, plus interest, plus $2,500 in attorney’s fees, in plaintiff’s complaint. No Statement of Damages was sent indicating any punitive damages were being sought. The trial court, in a default prove-up, entered a judgment for the base damages, interest, costs, $50,000 in punitive damages, and $19,900 in attorney’s fees. The appellate court reversed the punitive damages award because no Statement of Damages was provided. It also reversed the $19,900 fee award because no basis for fee entitlement was provided by plaintiff. Plaintiff, on appeal, smartly did agree to a modification of the judgment for improper amounts, such that these two items—inclusive of the fee award—were excluded from the judgment, as modified.