Judge: Kerry Bensinger, Case: 21STCV24143, Date: 2023-02-16 Tentative Ruling

Case Number: 21STCV24143    Hearing Date: February 16, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

On June 30, 2021, State Farm Mutual Insurance Company (“Plaintiff”) filed this action against Tiyana Nate Conner (“Conner”) and Does I through V, inclusive (“Defendants”) arising from Defendants’ negligent operation of a vehicle that collided with Sergo Safaryan’s (“Insured”) vehicle on or about May 14, 2019.  Plaintiff alleges that the Insured’s vehicle was damaged in the total sum of $46,149.29.  Pursuant to the terms and conditions of the Insured’s policy, Plaintiff paid the indicated sum, less the deductible, and thus became subrogated to all the rights of said Insured.

On December 14, 2021, Plaintiff filed a proof of service of summons reflecting that Conner was served with the statement of damages on November 22, 2021 by mail and acknowledgement of receipt of service.

On January 21, 2021, default was entered against Conner.

On July 27, 2022, Plaintiff requested dismissal of Does I through V, inclusive.  

At this time, Plaintiff seeks default judgment against Conner in the amount of $49,411.17, consisting of $46,149.29 as demanded in the complaint, less the Insured’s $5,000 deductible, $7,826.88 in prejudgment interest, and $435.00 in costs. 

The Court finds Plaintiff has submitted sufficient evidence to support the claim.  Prejudgment interest is also properly calculated based on the reduced demand.

Accordingly, Plaintiff’s request for entry of default judgment filed on July 27, 2022 is GRANTED.

Moving party 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 16th day of February 2023