Judge: Lisa K. Sepe-Wiesenfeld, Case: 23SMCV03724, Date: 2024-09-20 Tentative Ruling

Case Number: 23SMCV03724    Hearing Date: September 20, 2024    Dept: N

CONTINUE
 
TENTATIVE RULING 

Plaintiff Richard David Sherbrooke (“Plaintiff”)’s Request for Default Judgment is CONTINUED to a new date to allow Plaintiff to address the following deficiencies.

First, while Plaintiff served statements of damages on both defendants, Plaintiff has not provided a copy of those statements of damages. The Court must review the statements to determine that Plaintiff seeks damages here in line with the statements of damages served on the defendants.

Second, the basis for Midway Rent A Car, Inc.’s liability here is not clear. Plaintiff shall provide admissible evidence, beyond his own statement of mere belief, that the vehicle was owned by Midway Rent A Car, Inc. Plaintiff must also describe the legal basis for holding Midway Rent A Car, Inc. liable for his injuries.

Third, the Court lacks a sufficient basis to award pain and suffering damages here without more proof of harm. Plaintiff states only that he has had to miss some work and that he has experienced stress after the accident, but this does not substantiate an award of $50,000 in pain and suffering damages without further information.