Judge: Kerry Bensinger, Case: 19STCV30692, Date: 2023-03-17 Tentative Ruling

Case Number: 19STCV30692    Hearing Date: March 17, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Manuel G. Ruiz and Gloria Ortega Ruiz (collectively, “Plaintiffs”) filed this wrongful death and survival action against Manuel Pantoja (“Defendant”) and Does 1 to 25 arising from the death of their son, Albert Ruiz (“Decedent”).  Plaintiffs allege that on November 18, 2016, Defendant punched Decedent in the head, causing him to fall into a coma for two years until he died on January 28, 2018.  Defendant pled guilty to assault and battery in Los Angeles County Superior Court Case No. BA452590. 

Plaintiffs served the Statement of Damages on Defendant on January 23, 2020 and dismissed Does 1 to 25 on January 27, 2020.  Default was entered against Defendant on April 13, 2020.

Plaintiffs now seek entry of default judgment in the amount of $3,530,613.97 consisting of $2,364,109.96 in special damages, $1,000,000 in general damages, $162,631,04 in prejudgment interest, $972.92 in costs, and $2,900 in attorney fees.

Plaintiffs’ application is deficient for the following reasons:

1.   Plaintiffs do not submit any evidence to substantiate their request for $2,364,109.96 in special damages. 

2.   Plaintiffs improperly seek prejudgment interest.  Prejudgment interest may be sought to recover damages certain, or capable of being made certain by calculation.  (See Civil Code, §§ 3287, 3289.)

Accordingly, Plaintiffs’ application for default judgment is denied.  On the Court’s own motion, the Court sets an Order to Show Cause re: Failure to File Entry of Default Judgment for June 2, 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 17th day of March 2023