Judge: Lisa R. Jaskol, Case: 20STCV14726, Date: 2023-09-28 Tentative Ruling
Case Number: 20STCV14726 Hearing Date: December 15, 2023 Dept: 28
Having considered the documents submitted in support of a default judgment, the Court rules as follows.
BACKGROUND
On April 16, 2020, Plaintiff Allstate Property and Casualty Insurance Company (“Plaintiff”) filed this action against Defendants Shawn Williams (“Williams”), Jerome Salas (“Salas”), and Does 1-10 for motor vehicle negligence. The complaint sought compensatory damages of $114,272.20 for property damage.
On October 5, 2020, the clerk entered Williams’s default.
On February 26, 2021, the Court dismissed Salas and Does 1-10 without prejudice at Plaintiff’s request.
On June 6, 2022, the Court dismissed the complaint without prejudice. On December 6, 2022, the Court granted Plaintiff’s motion to vacate the dismissal.
On August 22, 2023, Plaintiff filed a request for Court judgment against Williams.
PARTY’S REQUEST
Plaintiff Allstate Property and Casualty Insurance Company asks the Court to enter a default judgment against Defendant Shawn Williams and award Plaintiff $114,822.20, consisting of $114,272.20 as the demand of the complaint, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $550.00 in costs.
LEGAL STANDARD
A. Default judgment
“[With exceptions that do not apply here,] [a] party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) . . . The following must be included in the documents filed with the clerk:
“(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.”
(Cal. Rules of Court, rule 3.1800(a).)
B. Damages
On a request for default judgment, “[w]here a cause of action is stated in the complaint, plaintiff merely needs to introduce evidence establishing a prima facie case for damages.” (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 5:213.1, p. 5-56 (Cal. Practice Guide: Procedure), citing Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361 [trial court erred in applying preponderance of the evidence standard].)
The relief granted to a plaintiff upon entry of a defendant's default cannot exceed the amount demanded in the complaint or, for personal injury cases where damages may not be stated in the complaint, the amount listed in the statement of damages. (Code Civ. Proc., §§ 580, subd. (a), 585, subd. (b).) “The notice requirement of section 580 was designed to insure fundamental fairness.” (Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, 494 (Becker).) The statute insures that “defendants in cases which involve a default judgment have adequate notice of the judgments that may be taken against them. [Citation.] ‘If a judgment other than that which is demanded is taken against him, [the defendant] has been deprived of his day in court—a right to a hearing on the matter adjudicated.’ ’’ (Id. at p. 493.) A trial court exceeds its jurisdiction if it awards damages in excess of the amount specified in the complaint or statement of damages. (Id. at p. 494; see Cal. Practice Guide: Procedure, supra, ¶ 5:258, p. 5-70.)
The court “shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by the evidence to be just. If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof . . . .” (Code Civ. Proc., § 585, subd. (b).)
DISCUSSION
Plaintiff has submitted a declaration from its Litigation Representative to support the request for default judgment. Although the declaration states that “a true and correct copy of the police report and payment ledger are attached as Exhibit A,” no police report is attached. The “payment ledger” is a list of payees, payment dates, and amounts paid, with no explanation of the items paid for, the need for the payments, the reasonableness of the payments, or the connection between the payments and Williams’s tortious conduct. A “financial log” is also attached to the declaration.
The entries in the payment ledger and the financial log suggest that at least some of the payments may be related to construction expenses, additional living expenses, and temporary housing expenses. However, Plaintiff has not provided information showing what the amounts listed were used to purchase, why the purchases were necessary, the connection between the payments and Williams’s tortious conduct, and whether the amounts paid were reasonable. The Court denies the motion.
CONCLUSION
The Court DENIES Allstate Property and Casualty Insurance Company’s application for default judgment filed on August 22, 2023.
Plaintiff is ordered to give notice of this ruling.