Cases: Default Judgments

Default Judgments:  2/1 DCA Determines In Unpublished Decision That Default Judgment Cannot Include Attorney’s Fees Not Contained In A Complaint And Not Specified In Amount In A Request For Entry of Default

Cases: Default Judgments

This Is Consistent With Our October 21, 2025 Post On A 4/2 DCA Unpublished Opinion To The Same Effect. In Paragon Six, LLC v. Girgis, Case No. B327441 et al. (2d Dist., Div. 1 Oct. 31, 2025) (unpublished), the 2/1 DCA reversed an attorney’s fees contained in a default judgment because fees were not requested […]

Default Judgments: Although Unpublished, 4/2 DCA Issues An Opinion Saying That Attorney’s Fees Must Be Listed In An Entry Of Default Form In Non-Statement Of Damages Cases In Order To Recover Them In Subsequent Default Judgment Proceedings

Cases: Default Judgments

If This Is Correct, Attorneys Must List Fees, Which Are Not Damages, As A Line Item In The CIV-100 Form For Purposes Of Preserving Them At The Default Judgment Stage. Chardonnay Hills Homeowners Assn. v. Hoffman, Case No. E084439 (4th Dist., Div. 2 Oct. 15, 2025) (unpublished), seems like a routine case where a lower

Default Judgments: $9,000 Attorney’s Fees Component Of Default Judgment Reduced To Zero On Appeal

Cases: Default Judgments

Lease Contractual Clause Not Implicated In The Default Judgment.                In Hernandez v. Nunez, Case No. E083404 (4th Dist., Div. 2 May 19, 2025) (unpublished), defendants suffered an adverse default judgment inclusive of attorney’s fees of $9,000.  Defendants did appeal, which resulted in the attorney’s fees amount being reduced to zero.  A lease contractual fees

Default Judgment, Reasonableness Of Fees, Requests For Admission: Lower Court Properly Rejected Default Judgment Request Of About $308,000 In Fees Where Compensatory Damages Were Around $48,000

Cases: Default Judgments, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Award Of $4,498.46 Was Proper, Given Inflated Fee Request; Costs Of Proof Sanctions Of $11,852.50 Out Of A Requested $123,016.40 Was Not Improper.                As only Justice Wiley can do in his individual writing style, he reminds us in LCPFV, LLC v. Somatdary Inc., Case No. B325599 (2d Dist., Div. 8 Nov. 13, 2024)

Costs, Default Judgments, Multipliers, Paralegal Time: $709,620 In Attorney’s Fees Entered As Part Of A Default Judgment After Entry of Terminating Sanctions Was Affirmed On Appeal

Cases: Costs, Cases: Default Judgments, Cases: Multipliers, Cases: Paralegal Time

Complaint Did Not Have To Plead An Exact Amount Of Fees; 3.0 Positive Multiplier Appropriate; PAGA Settlement Administration Expenses/Paralegal and Legal Assistant Expenses Properly Allowed As Routine Costs.             Haaverson v. Tavistock Freebirds, LLC, Case No. A164043 (1st Dist., Div. 5 Aug. 18, 2023) (unpublished) is an interesting opinion which explores whether a complaint needs

Civil Rights, Default Judgments: Ninth Circuit Reverses District Judge’s Entry Of ADA Fees Pursuant To Local Schedule For Default Judgments Rather Than Entertain Fee Motion Requesting Lodestar Fees Where Plaintiff Opted For The Non-Fee Schedule Option

Cases: Civil Rights, Cases: Default Judgments

This Was A 2-1 Decision, With The Dissent Indicating Plaintiff Did Not Properly Tee This Issue Up Before The District Judge.             The Ninth Circuit, in the 2-1 decision of Machowski v. 333 N. Placentia Property, LLC, No. 21-55673 (9th Cir. July 1, 2022) (published), decided that where an ADA plaintiff indicates that the litigant

Default Judgments: Where A Defendant Contests A Default Judgment, Successful Post-Judgment Efforts To Defeat Motion To Vacate Give Rise To Recoverable Attorney’s Fees

Cases: Default Judgments

However, No Pre-Judgment Fees Allowed Because Plaintiff Did Not Include A Request For Fees At The Time The Default Judgment Was Entered.             In Vincent v. Sonkey, Case No. B293251 (2d Dist., Div. 6 Dec. 29, 2020) (published), plaintiff obtained a default judgment against defendants (one of whom was alleged to be an alter ego

Miscellaneous, Default Judgments: 4/3 DCA Vacates Default Judgment And Remands To Determine If CCP § 425.11 Notice Of Damages Was Filed

Cases: Default Judgments, Miscellaneous

If Not, Default Judgment Is Void; If So, Then Inefficiency/Lodestar Factors Must Be Considered On Remand.             Although unpublished, Alshamlan v. Arabian Restaurants, Inc., Case No. G057543 (4th Dist., Div. 3 May 12, 2020) (unpublished) is must reading for disabled rights plaintiffs’ attorneys seeking a default judgment against a target defendant.             There, a balance-challenged

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