Judge: Kerry Bensinger, Case: 19STCV07475, Date: 2023-03-14 Tentative Ruling

Case Number: 19STCV07475    Hearing Date: March 14, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 4, 2019, Jonathan Maldonado (“Maldonado”) and Korinna Trejo (“Trejo”) (collectively, “Plaintiffs”) filed this action against Marisela Ortega Robles (“Robles”), Elizabeth Guzman Alonso (“Alonso”), and Does 1 through 100, inclusive, arising from an April 15, 2018 motor vehicle collision.  In the complaint, Plaintiffs allege that Maldonado operated a vehicle owned by Trejo that was involved in a collision on the day of the incident.  Because of the collision, the vehicle was disabled in the number 1 lane of the southbound I-710 freeway with the emergency blinkers turned on.  Maldonado was standing in front of the vehicle inspecting the damage when Alonso rear-ended Trejo’s disabled vehicle and caused it to catapult forward and strike Maldonado.  Maldonado sustained severe injuries, including the amputation of his right leg. 

On April 22, 2019, Plaintiffs filed proof of service of the summons and complaint on Alonso.

On November 20, 2020, Plaintiffs filed proof of service of the Statement of Damages on Alonso.

On March 24, 2021, the Clerk of the Court entered default against Alonso.

On November 23, 2021, the Clerk of the Court entered dismissal against Does 1 through 100.

Plaintiffs now request entry of default judgment against Alonso in the amount of $9,985,714.15 consisting of $9,985,000.00 in general damages and $701.15 in costs.

Plaintiffs’ application for entry of default judgment is deficient for the following reasons:

·         The proposed judgment does not name any defendant in Item 5(a).

·         Although the Declaration of William H. Newkirk states that Alonso was not in the Armed Services of the United States at the time of the subject incident, the declaration of nonmilitary status in Item 8 of Judicial Council Form CIV-100 does not properly refer to Alonso.  Alonso is named in Item 1(d) of Form CIV-100.  Item 8 refers to unnamed defendants in Item 1(c).

·         Plaintiff Maldonado does not substantiate the request for general damages.  In his declaration, Maldonado requests a court judgment in the principal sum of $9,985,000 because his life expectancy of 50 years is reasonable and payment of $200,000 a year to compensate his pain and suffering is more than reasonable.  (Maldonado Decl., ¶¶  10-11.)  However, Plaintiff does not explain further or substantiate the basis for a general damages award of $9,985,000.[1]

Accordingly, Plaintiffs’ application for Entry of Default Judgment against Alonso is DENIED without prejudice.  On the Court’s own motion, the Court sets an OSC re: Failure to File Default Judgment for May 15, 2023 at 8:30 a.m. in Department 27 of Spring Street Courthouse.  Plaintiffs are to re-file all materials in support of their default judgment application at least 10 days before the hearing. 

The Clerk is to give notice to counsel for Plaintiffs, who is to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

                                                                 Dated this 14th day of March 2023