Judge: Lisa R. Jaskol, Case: 21STCV35153, Date: 2024-01-03 Tentative Ruling

Case Number: 21STCV35153    Hearing Date: April 4, 2024    Dept: 28

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

BACKGROUND 

On September 23, 2021, Plaintiff Michelle French (“Plaintiff”) filed this action against Defendants Hseuh Lee Chang (“Defendant”) and Does 1-20 for negligence (including negligence per se). 

On October 18, 2021, Plaintiff filed a proof of service showing personal service of the summons, complaint, statement of damages, and other documents on Defendant on October 15, 2021. The statement of damages lists $5,000,000 in general damages, “[m]edical and incidental expenses according to proof,” and “[l]oss of [e]arnings and earning capacity according to proof.” 

On January 3, 2023, the clerk entered Defendant’s default. 

On February 20, 2024, the Court dismissed the Doe defendants with prejudice at Plaintiff’s request. 

On March 22, 2024, Plaintiff filed a request for Court judgment to be heard on April 4, 2024. 

PARTY’S REQUESTS 

Plaintiff Michelle French asks the Court to enter a default judgment against Defendant Hseuh Lee Chang and award Plaintiff $3,001,763.26, consisting of $3,000,000.00 in general damages, $0.00 in special damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $1,763.26 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, 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 on 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’s March 22, 2024 application relies on evidence submitted in support of Plaintiff’s previous application for default judgment submitted on February 16, 2024.  Based on the evidence submitted in the February 16, 2024 and March 22, 2024 petitions, the Court finds that Plaintiff has carried her burden of establishing a prima facie case for damages.  Therefore, the Court grants the petition. 

CONCLUSION 

The Court GRANTS the application of Plaintiff Michelle French for default judgment against Defendant Hseuh Lee Chang filed on March 22, 2024.  The Court enters judgment for Plaintiff Michelle French and against Defendant Hseuh Lee Chang for $3,001,763.26. 

Plaintiff is ordered to give notice of this ruling.