Judge: Edward B. Moreton, Jr., Case: 22SMCV02203, Date: 2023-11-29 Tentative Ruling

Case Number: 22SMCV02203    Hearing Date: November 29, 2023    Dept: 205

PROCEEDINGS:                  REQUEST FOR ENTRY OF DEFAULT JUDGMENT

MOVING PARTY:               Maria Plekhanova  

RESPONDING PARTY:      Michael Adam Rudd, Jr. and Patricia Stephenson

BACKGROUND

This dispute arises from a car crash.  Plaintiff Maria Plekhanova was a passenger in a car driven by Defendant Michael Adam Rudd, Jr.  Rudd was driving extremely fast up and down Stunt Road.  Rudd told Plaintiff he races his car up and down Stunt Road on a regular basis.  Eventually, while driving too fast around a curve, Rudd lost control of his car which rolled over and down the side of the embankment. 

Rudd was the sole and proximate cause of the car accident.  This was confirmed by investigating officers who found Rudd solely responsible for the crash for driving too fast for the conditions, in violation of Vehicle Code Section 23500. 

Defendant Patricia Stephenson was the owner of the car driven by her son, Rudd.  Stephenson was aware of her son’s proclivity to race cars and operate vehicles in an unsafe manner.  Despite this knowledge, she negligently entrusted her son with the car that caused the accident at issue.  As such, Plaintiff alleges Stephenson is jointly and severally liable with Rudd for the damages caused to Plaintiff. 

Plaintiff suffered significant injuries including injury to her spine and multiple fractures on her right hand.  She has reduced mobility, chronic pain, physical limitations, need for physical therapy, potential for further surgeries, a visible scar, need for medication, emotional and psychological effects and economic impacts. 

On November 4, 2022, Plaintiff filed a Complaint against Defendants.  The Complaint alleges two claims for (1) negligence and (2) negligent entrustment.  The Complaint seeks unspecified damages.   

Plaintiff filed a proof of service showing Stephenson was personally served on December 4, 2022 and Rudd was substitute served on December 4, 2022.  Defendants were obligated to respond within 30 days. Defendants did not do so. Plaintiff successfully requested the entry of Defendants’ default, which was entered by the Clerk’s Office on February 4, 2023.  Plaintiff requested a default judgment on September 26, 2023.  Plaintiff served Defendants by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendants have not appeared.

RELIEF REQUESTED

Default judgment against Defendants for a total of $10,495,491.60 consisting of (1) $10,000,000 in general damages, (2) $493,830.27 in special damages, and (3) $1,661.33 in costs. 

ANALYSIS

Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’s complaint seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount. However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc.  585(a).)

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)

Here, a statement of damages must be served before a default may be taken in a personal injury case.  (Code Civ. Proc. §425.11.)  While the proofs of service on Defendants reference a statement of damages, no such statement was filed with the Court, and accordingly, the Court cannot determine whether the judgment Plaintiff seeks conforms to the statement of damages.   

CONCLUSION AND ORDER

For the foregoing reasons, Plaintiff Maria Plekhanova’s Request for Default Judgment is DENIED without prejudice as to Defendants Michael Adam Rudd Jr. and Patricia Stephenson.