Motion for Order Entering Judgment by Court
24STCV26635 Kenneth Tompson v. Cabinets to Go, LLC, et al. Friday, August 14, 2026 [TENTATIVE] ORDER DENYING PLAINTIFF'S NOTICE OF DEFAULT AND MOTION FOR ORDER ENTRING JUDGEMENT BY COURT AS TO DEFENDANTS ROBERT L. WOOTEN and ONE STOP CONSTRUCTION & RESTORATION The
complaint alleges Plaintiff contracted with Defendants to complete construction work for a kitchen remodel. Plaintiff alleges Defendants failed to complete the installation, requiring Plaintiff to employ third party contractors to finish the work. Plaintiff alleges 12 causes of action for breach of contract and contract related claims, intentional infliction of emotional distress, negligent infliction of emotional distress, fraud and negligence. Defaulting defendant Wooten allegedly owns Defendant One Stop Construction & Restoration, LLC (collectively "One Stop") who was hired to provide installation work for the kitchen remodel.
Plaintiff alleges a claim for negligence for failing to properly install cabinets, breach of contract, emotional distress, and for fraud. The Defendants are: SFV-LLGC, LLC Answered on February 28, 2025 Settled 5/6/26 Cabinets to Go Answered on November 21, 2024 Settled 5/6/26 Robert L. Wooten Default entered 3/12/2025 One Stop Construction Default entered 3/12/2025 By this motion, Plaintiff seeks judgment against the One Stop for $42,663.05, including fees pursuant to a later motion, and costs.
The Request for Court Judgment is defective for the following reasons.
1. Failure to use Judicial Council Form. A party requesting default judgment must use mandatory Request for Entry of Default (Application to Enter Default, form CIV-100; Cal Rules of Court 3.1800.) Plaintiff used the form to request entry of default. Plaintiff must use the same form but mark "Request for Court Judgment."
2. The complaint does not allege a certain amount of damage against defaulting Defendants. If the recovery of money or damages is demanded, the amount demanded shall be stated unless the action is one for personal injury or wrongful death. (Code Civ. Proc., Sec. 425.10.) In cases that are not personal injury or wrongful death cases, courts must look to the prayer of the complaint or to "allegations in the body of the complaint of the damages sought" to determine whether a defendant has been informed of the "maximum liability" he or she will face for choosing to default. (People ex rel.
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alleges a claim for breach of contract for Defendants' failure to complete the installation work, requiring Plaintiff to hire third-party contractors to complete the work. (Complaint, P. 19.) Plaintiff does not allege a certain amount of damage. (Complaint, P. 46.) The complaint alleges that Plaintiff contracted with One Stop "for all related work that fell outside of the scope of his agreement with CTG ("Independent Work"). The Independent Work was estimated to cost over $30,000.00." (Complaint, P. 12.) Plaintiff alleges damage for having to hire another contractor to finish the job. Therefore, the complaint is defective for failure to allege damage in a sum certain.
3. None of the records are authenticated. Plaintiff submits evidence showing damage by declaration of Plaintiff's counsel who lacks foundation for any of the invoices submitted to the Court. Code of Civil Procedure section 585 "specifically requires that the facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto." (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287; Evid. Code, Sec. 1400. ["Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law."].)
4. Attorney's fees are awarded pursuant to local rule, not by motion. When a promissory note, contract, or statute provides for the recovery of reasonable attorneys' fees, the court applies a scheduled fee that is based on the principal damage suffered (Los Angeles Superior Court Rules, Rule 3.214.) Based on the foregoing, the motion is DENIED. Case Number: 25STCV06899 Hearing Date: August 14, 2026 Dept: 414