Judge: Audra Mori, Case: 21STCV38276, Date: 2023-03-09 Tentative Ruling
Case Number: 21STCV38276 Hearing Date: March 9, 2023 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
CALIFORNIA CASUALTY INDEMNITY EXCHANGE, Plaintiff(s), vs.
ANDRANIK DZHANOYAN,
Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) ) ) | CASE NO: 21STCV38276
ORDER DENYING REQUEST FOR DEFAULT JUDGMENT
Dept. 31
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California Casualty Indemnity Exchange (“Plaintiff”) filed this action against Andranik Dzhanoyan (“Defendant”) and Does 1 to 100 on October 18, 2021, alleging causes of action for (1) subrogation and (2) indebtedness.
This request for default judgment was filed on September 16, 2022. Before this request for default judgment, Plaintiff filed proof of service on November 17, 2021 and a request for entry of default, which was entered on March 22, 2022. In conjunction with this request for default judgment, Plaintiff filed for dismissal of all Does, a declaration under penalty of perjury in support of default judgment, and a proposed form of judgment. Now, Plaintiff seeks default judgment against Defendant in the total amount of $62,338.53, which includes $61,808.53 demanded in the complaint and $530 in costs.
The request is denied without prejudice for the following reasons:
The evidence does not support the amount sought through the default. According to the evidence provided, Plaintiff is entitled to $60,808.53, not $61,808.53, for the amount paid to the insured. (Padrumyan Decl., Exh. 2, p. 1-2.)
Plaintiff must file all new documents with the above defects cured at Plaintiff’s earliest convenience. The court advises Plaintiff’s attorney to use the eCourt “outlines” feature in the future in connection with this and other actions. Using the outlines feature to virtually tab exhibits renders them much easier to process.
Dated this 9th day of March 2023
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| Hon. Audra Mori Judge of the Superior Court
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