Judge: Daniel M. Crowley, Case: 19STCV01341, Date: 2023-01-24 Tentative Ruling

Case Number: 19STCV01341    Hearing Date: January 24, 2023    Dept: 28

Plaintiff Leydiana De La Cruz’s Request for Default Judgment

            Having considered all documents submitted in support of a default judgment, the Court rules as follows.

BACKGROUND

On January 18, 2019, Plaintiff Leydiana De La Cruz (“Plaintiff”) filed this action against Defendants Felipe De Jesus Aviles Lugo (“Lugo”) and Jesus Antonio Lugo Aviles (“Aviles”) for motor vehicle, general negligence and emotional distress.

On August 29, 2022, the Cout dismissed Aviles, pursuant to Plaintiff’s request.

On February 7, 2022, the clerk entered default against Defendant. On January 11, 2023, Plaintiff filed a Request for Court Judgment to be heard on January 24, 2023.

PARTY’S REQUEST

            Plaintiff requests the Court to enter a default judgment against Defendant Felipe De Jesus Aviles Lugo and award Plaintiff $60,945.00 consisting of $4,940.00 in special damages, $52,984.00 in general damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $3,021.00 in costs.

DISCUSSION

In reviewing the declaration, the Court finds that there is only evidence provided of $3,950.00 in special damages due to medical expenses. Plaintiff also notes a repair cost for her vehicle, but provided no proof nor made a request to be reimbursed for said damages. The Court is unaware where the additional $1,000.00 in special damages is derived from, or if there are missing exhibits to Plaintiff’s declaration. The Court denies the motion.

CONCLUSION

The application for default judgment filed on January 11, 2023, is DENIED.

Plaintiff is ordered to give notice of this ruling.