Judge: Lee S. Arian, Case: 22STCV06314, Date: 2024-01-23 Tentative Ruling

Case Number: 22STCV06314    Hearing Date: January 23, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On February 22, 2022 Plaintiff Wawanesa General Insurance Company (“Plaintiff”) filed this uninsured motorist motor vehicle negligence action against Defendants Jeffrey Abed and Mikhael Monica (“Defendants”).

Defendants were served with the summons, complaint, and related papers including the statement of damages by substituted service in March of 2022.

On November 3, 2023, default was entered against Defendants.

Plaintiff now moves for default judgment against Defendants.

II.        LEGAL STANDARD

When a defendant has been served and no answer, demurrer, or certain motion has been filed within the time specified in the summons, the clerk shall enter the default of the defendant. (Code of Civ. Proc., § 585, subd. (b).) The court shall then render judgment in the plaintiff’s favor, not exceeding the amount stated in the statement of damages, as appears by the evidence to be just. (Ibid.)

California Rules of Court, rule 3.1800(a) sets forth the required documents to be filed with the Court in order to grant a default judgment.

III.      DISCUSSION

Plaintiff requests a total judgment of $293,783.21 consisting of $293,180.21 in damages and $603 in costs.

Plaintiff has submitted sufficient evidence of the payments supporting the amount of damages sought. (See Sosa Decl.)

However, the proposed judgment filed on January 11, 2024 does not reflect the correct amount, i.e., $293,783.2 rather than $293,783.21.

Accordingly, the application for default judgment is GRANTED, conditioned upon Plaintiff filing a revised proposed judgment with the correct amount within 5 court days of this ruling.

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’s 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 23rd day of January 2024