Judge: Kevin C. Brazile, Case: 22STCV16859, Date: 2023-03-14 Tentative Ruling

Case Number: 22STCV16859    Hearing Date: March 14, 2023    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Tuesday, March 14, 2023

Case Name:                            Interinsurance Exchange of The Automobile Club v. Hill

Case No.:                                22STCV16859

Hearing:                                 OSC Re: Default Judgment

Notice:                                    OK

Ruling:                                    Plaintiff’s Request for Default Judgment is GRANTED.

Plaintiff to give notice.

BACKGROUND

            On May 20, 2022, Plaintiff Interinsurance Exchange of The Automobile Club (“Plaintiff”), filed this automobile subrogation action against Defendant Rayanne Antonette Arizmend Doktorczyk Hill (“Defendant”) and Does 1-10.  

            On August 17, 2022, Defendant’s default was entered.

            Before the Court is Plaintiff’s Request for Court Judgment.

DISCUSSION

            Code of Civil Procedure section 585 permits a default judgment after a defendant’s default has been entered. California Rules of Court, rule 3.1800(a) requires a party seeking default judgment by court judgment to use the mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) and to file: “(1) Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; (2) Declarations or other admissible evidence in support of the judgment requested; (3) Interest computations as necessary; (4) A memorandum of costs and disbursements; (5) A declaration of nonmilitary status for each defendant against whom judgment is sought; (6) A proposed form of judgment; (7) A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (8) Exhibits as necessary; and (9) A request for attorney fees if allowed by statute or by the agreement of the parties.”

            Plaintiffs request a total judgment of $28,564.58, consisting of damages in the amount of $26,397.46,[1] costs in the amount of $729.36, and interest in the amount of $1,437.76. (Form CIV-100, ¶¶ 2, 7; see also [Proposed] Judgment, ¶ 6, Haines Declaration, ¶ 2, and Sudler Declaration, ¶¶ 4-14, Exhs. A-G.)

Plaintiff used mandatory form CIV-100 (which includes a declaration of nonmilitary status (¶ 8)) and complied with some of the other requirements of CRC, rule 3.1800(a). Plaintiff submitted a [Proposed] Judgment on Form JUD-100, and a Request for Dismissal of Does 1-10. Plaintiff also submitted a declaration in support of its requested damages and supporting documents (Sudler Declaration, ¶¶ 4-14, Exhs. A-G) and submitted a sufficient interest computation of 7% annum from the date the complaint was filed until through the date the declaration was made. (Haines Declaration, ¶ 2.)

CONCLUSION

Plaintiff’s Request for Default Judgment is GRANTED.

Plaintiff to give notice.