Judge: Lisa R. Jaskol, Case: 21STCV23922, Date: 2024-11-15 Tentative Ruling
Case Number: 21STCV23922 Hearing Date: November 15, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On June 28, 2021, Plaintiff Manuel De Avila (“Plaintiff”) filed this action against Defendants Elizabeth Sandajan (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence.
On September 6, 2023, the Court granted Plaintiff’s request for an order directing service of the summons on Defendant by publication in the Los Angeles Times. On December 5, 2023, Plaintiff filed a proof of service by publication of the summons in the Los Angeles Times.
On March 15, 2024, the Court granted Plaintiff’s ex parte request to authorize Plaintiff to serve proof of the statement of damages in the Los Angeles Daily Journal. On June 20, 2024, Plaintiff filed a proof of publication of the statement of damages in the Los Angeles Daily Journal. The statement of damages listed property damage of $50,000.00 and diminished value of $50,000.00.
On August 12, 2024, the clerk entered Defendant’s default.
On September 3, 2024, Plaintiff filed an application for entry of Court judgment. On September 5, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
PARTY’S REQUEST
Plaintiff
asks the Court to enter a default judgment against Defendant and award
Plaintiff $16,783.10, consisting of $10,500.00 in special damages, $3,786.84 in
prejudgment interest, and $2,496.26 in costs.
LEGAL STANDARD
A. Default judgment
California Rules of Court, rule 3.1800(a), provides:
“[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;
“(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
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.) 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.)
DISCUSSION
Plaintiff has submitted a complete default judgment application with all required information. The Court grants the application and awards Plaintiff $16,783.10.
CONCLUSION
The Court GRANTS Plaintiff Manuel De Avila’s application for default judgment against Defendant Elizabeth Sandajan filed on September 3, 2024. The Court awards Plaintiff Manuel De Avila $16,783.10.
Plaintiff is ordered to give notice of this ruling.