Judge: Armen Tamzarian, Case: 20STCV03727, Date: 2023-01-20 Tentative Ruling

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Case Number: 20STCV03727    Hearing Date: January 20, 2023    Dept: 52

Plaintiff Tommy Alastra’s Request for Court Judgment by Default Against Defendant Troy James Hogg

Plaintiff Tommy Alastra requests court judgment by default against defendant Troy James Hogg.  Plaintiff’s application has three defects.

First, plaintiff did not request dismissal of defendants Does 1-10.  A plaintiff seeking default judgment must submit “[a] dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment.”  (Cal. Rules of Court, rule 3.1800(a)(7).)

Second, plaintiff did not submit a proposed form of judgment as required.  (Rule 3.1800(a)(6).) 

Finally, plaintiff seeks $400,000 in punitive damages but did not provide evidence of defendant Hogg’s financial condition.  “[E]vidence of the defendant’s financial condition is a prerequisite to a punitive damages award.”  (Adams v. Murakami (1991) 54 Cal.3d 105, 119.)  The plaintiff bears the burden of introducing such evidence.  (Ibid.)  Plaintiff must either introduce evidence of Hogg’s wealth or waive his claim for punitive damages.

Plaintiff Tommy Alastra’s request for court judgment by default is denied without prejudice. 

The court hereby sets an order to show cause re: default judgment for March 6, 2023, at 8:30 a.m.