Judge: Jill Feeney, Case: 20STCV41057, Date: 2023-04-27 Tentative Ruling

Case Number: 20STCV41057    Hearing Date: April 27, 2023    Dept: 30

#10
Patrycja Zacharkiewicz v. Esteban Montoya, et al.
20STCV41057
Plaintiff's Request for Entry of Default Judgment

Ruling:  Continued for Plaintiff to Correct Deficiencies (described below)
OSCs are to continue to next court date.  


Areas of correction:

Plaintiff’s statement of damages was included in her proof of publication filed on December 23, 2022.

Plaintiff seeks $45,000 in general damages for pain, suffering, inconvenience, and emotional distress. However, this amount exceeds the $25,000 demanded in the statement of damages. Plaintiff may not be awarded damages that exceed the statement of damages because Defendants did not have adequate notice of the demanded amount. (Code Civ. Proc., section 580(a); Sass v Cohen (2020) 10 C5th 861, 863, 878.) Plaintiff must amend the demand for general damages.

Plaintiff testifies that as a result of the subject accident, she continues to suffer pain from her injuries and will have to endure pain for the rest of her life. (Zacharkiewicz Decl., ¶13.) Although Plaintiff is entitled to general damages for pain and suffering, Plaintiff may not seek damages that exceed the amount in her statement of damages.

Vehicle Code, section 17151 provides that a vehicle owner’s liability is limited to $5,000 for damage to property and $15,000 for bodily injury. Here, Plaintiff’s Complaint states both Defendants were owners of the vehicle which stuck Plaintiff’s vehicle. However, it does not specify which Defendant was the driver. Liability as to the Defendant who was not driving the vehicle is limited to $5,000 for property damage and $15,000 for bodily injury. Plaintiff must specify which Defendant was not the driver and include the limitation of damages in form JUD-100, Item 7.