Airs Aromatics, LLC v. CBL Data Recovery Tech. Inc.
Annotate this CaseIn a prior appeal, the Court of Appeal vacated a default judgment entered in favor of plaintiff Airs Aromatics, LLC (Airs), concluding the trial court was without jurisdiction to award damages in excess of that demanded in Airs's complaint for breach of contract. The Court gave Airs the option on remand to proceed with a new default prove-up hearing seeking up to $25,000 in damages, or amend the complaint to state the full amount of damages sought. Selecting the first option, Airs received a default judgment awarding it $25,000 in damages, $33,849 in prejudgment interest, and $614 in costs. After the trial court denied its set-aside motion under Code of Civil Procedure section 663a, defendant CBL Data Recovery Technologies, Inc. (CBL) appealed the second default judgment, contending that Airs's failure to serve it with the default prove-up papers or a substitution of counsel form invalidated the judgment. In addition, CBL challenged the amount of damages awarded and the prejudgment interest award. Rejecting each of these contentions, the Court of Appeal affirmed the judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.