Judge: Lisa R. Jaskol, Case: 21STCV23426, Date: 2023-11-20 Tentative Ruling

Case Number: 21STCV23426    Hearing Date: February 8, 2024    Dept: 28

Having considered the documents submitted in support of a default judgment, the Court rules as follows. 

BACKGROUND 

On June 24, 2021, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action against Defendants Roland Ononaiwu aka Roland Onoaiwu (“Defendant”) and Does 1-10 for subrogation. The complaint sought damages of $78,363.35. 

On July 21, 2021, Plaintiff filed a proof of service showing substituted service of the summons, complaint, and other documents on Defendant on July 15, 2021. 

On December 20, 2021, the clerk entered Defendant’s default. 

On September 27, 2023, Plaintiff filed a request for Court judgment against Defendant to be heard on November 20, 2023. The Court continued the hearing to February 8, 2024. 

On October 2, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request. 

PARTY’S REQUEST 

Plaintiff asks the Court to enter default judgment against Defendant and award Plaintiff $84,935.44, consisting of $78,363.35 as the demand of the complaint, $6,057.09 in prejudgment interest, and $515.00 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 

          “Where 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), 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, supra, ¶ 5:258, p. 5-70.) 

DISCUSSION 

          Plaintiff has submitted a complete default judgment packet with the required information.  The Court grants the application. 

CONCLUSION 

The Court GRANTS Plaintiff State Farm Mutual Automobile Insurance Company’s application for default judgment against Defendant Roland Ononaiwu aka Roland Onoaiwu filed on September 27, 2023 and enters judgment against Defendant Roland Ononaiwu aka Roland Onoaiwu for $84,935.44. 

Plaintiff is ordered to give notice of this ruling.