PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT 

MOVING PARTY: Wawanesa General Insurance Company  

RESPONDING PARTY: Micah Donovan Dixon 

BACKGROUND 

This case arises from a subrogation claim.  Defendant Micah Donovan Nixon’s car struck the rear of non-party Jeffrey Schwartz’s car while it was stopped in traffic.  Defendant was allegedly driving at an unsafe rate of speed and was otherwise inattentive.   

Schwartz was covered by an automobile insurance policy issued by Plaintiff Wawanesa General Insurance Company.  Plaintiff paid out $32,256 in property damage and $30,000 in uninsured motorist claims.  Plaintiff is subrogated to the rights of its insured and seeks to now recover from Defendant the total sum of $62,256.20.   

On November 22, 2022, Plaintiff filed a Complaint against Defendant.  The Complaint alleges a single cause of action for “motor vehicle”.  The Complaint seeks $62,256.20 plus prejudgment interest at the rate of 10% per annum pursuant to Code Civ. Proc. §3291.    

Plaintiff filed a proof of service showing Defendant was served by substitute service on February 26, 2023.  The proof of service contains a declaration of diligence showing seven attempts to personally serve Defendant.  A copy of the Complaint was also mailed to Defendant on February 27, 2023.  Defendant was obligated to respond within 30 days. Defendant did not do so.  Plaintiff successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on May 31, 2023.  Plaintiff requested a default judgment on July 25, 2023. Plaintiff served Defendant by mail with both the Request for Entry of Default and Request for Default Judgment.  Defendant has not appeared. 

RELIEF REQUESTED 

Default judgment against Defendant for a total of $62,775.20, which is comprised of: (1) $62,256.20, for damages, and (2) $519, for 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, Plaintiff has properly complied with all the substantive and procedural requirements for a default judgment. Substantively, Plaintiff declares via declaration that there have been damages in the amount of $62,256.20.  A memorandum of costs in the amount of $510 is set forth in Item 7 of the CIV-100 form.  Procedurally, Plaintiff properly served Defendant more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-100 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, requested dismissal of fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100).   As default has already been entered and there has been no appearance or filing whatsoever from Defendant, default judgment is appropriate here.  

CONCLUSION AND ORDER  

For the foregoing reasons, Plaintiff Wawanesa General Insurance Company’s Request for Default Judgment is GRANTED as to Defendant Micah Donovan Dixon.  Default judgment in the amount of $62,775.20 is awarded in favor of Plaintiff.