Department 78, Stanley Mosk Courthouse

May 17, 2024

23STCV07987

Default Judgment

DECISION

The case management conference is taken off calendar.

The OSC Re: Default Judgment is continued to July 25, 2024 at 8:30 a.m.

A corrected JUD-100 or the briefing requested below is to be filed at least five court days in advance of the continued OSC date.

Moving party to provide notice.

Discussion

Plaintiff seeks a default judgment against Defendants Jeffrey Dean and Shapale Jones as follows.  

Damages $80,874.75

Costs $925.10

Total $81,799.85

This is a claim for subrogation. Defendant Jeffrey Dean, while driving a vehicle owned by Defendant Shapale Jones, allegedly struck a building insured by Plaintiff Philadelphia Indemnity Insurance Company. Plaintiff paid benefits to the insured for property damage totaling $80,874.75.

March 20, 2024, May 25, 2023 Default Entered

April 25, 2024 Doe Dismissal submitted

Plaintiff properly filed forms CIV-100 and JUD-100. The amounts in each form are consistent with the Complaint and statement of damages. However, Shapale Jones’s liability as the owner of the vehicle is limited to $5,000 for property damage pursuant to Vehicle Code, section 17151. Plaintiff must specify that Jones’s liability is limited to $5,000 in Item 8 of form JUD-100. In the alternative, Plaintiff may submit briefing as to why Defendant Jones’s liability in this matter is not limited to $5,000. 

Plaintiff’s claim for damages in the amount of $80,874.75 is supported by a declaration by Plaintiff’s subrogation examiner, Plaintiff’s incident report form, a traffic collision report, photographs of the damage taken by the adjustor, the adjustor’s final report showing the insured’s deductible is $2,500, and copies of checks issued to the insured totaling $78,374.75. (Shaskas Decl., Exhs. A-E.) The checks plus the deductible equal the damages requested. Plaintiff’s damages are supported by evidence.

Plaintiff seeks costs for filing fees and service of process. These costs are allowable.