Summary
The United States District Court for the Southern District of California discharged its order to show cause after Plaintiff voluntarily dismissed South County Buick GMC for failure to serve it. The Court denied without prejudice Plaintiff’s motion for clerk’s entry of default judgment against Honor Buick GMC because, although damages and costs were stated as sums certain, the requested prejudgment interest was not adequately supported by a verifiable calculation.
Court
United States District Court for the Southern District of California
Jurisdiction
United States District Court for the Southern District of California
Decision date
February 25, 2025
Docket number
3:24-cv-01883-JES-KSC
Disposition
other
Questions Presented
- Whether the order to show cause concerning Plaintiff's failure to serve South County Buick GMC should be discharged after Plaintiff voluntarily dismissed that defendant without prejudice.
- Whether Plaintiff's requested damages, prejudgment interest, and costs constituted a sum certain permitting the clerk to enter default judgment under Federal Rule of Civil Procedure 55(b)(1).
Holdings
- The court discharged the order to show cause because Plaintiff voluntarily dismissed South County Buick GMC without prejudice after being unable to serve it.
- A Rule 55(b)(1) application must provide sufficient information for the clerk or court to verify that the requested amount is a sum certain. Although the invoices supported the requested damages and the filing fee supported the requested costs, Plaintiff's undocumented prejudgment-interest calculation did not qualify as a verifiable sum certain; therefore, the motion for default judgment was denied without prejudice.
Court Document
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