Judge: Lisa R. Jaskol, Case: 21STCV40967, Date: 2024-08-21 Tentative Ruling
Case Number: 21STCV40967 Hearing Date: August 21, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On November 5, 2021, Plaintiff Vanessa Williams (“Plaintiff”) filed this action against Defendants Rapid Sameday Logistics, LLC (“Rapid”), Juana Lizeth Garcia Aparicio (“Garcia”), and Does 1-100 for motor vehicle tort and general negligence.
On January 5, 2024, Plaintiff filed a proof of service showing personal service of the summons, complaint, statement of damages, and other documents on Rapid’s agent for service on January 4, 2024.
On January 8, 2024, Plaintiff filed a proof of service showing substituted service on Garcia of the summons, complaint, statement of damages, and other documents on January 7, 2024.
On March 8, 2024, the clerk entered Rapid’s default and Garcia’s default.
On July 16, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
Also on July 16, 2024, Plaintiff filed a request for Court judgment against Rapid and Garcia.
PARTY’S REQUEST
Plaintiff Vanessa Williams asks the Court to enter a default judgment against Defendants Rapid Sameday Logistics, LLC, and Juana Lizeth Garcia Aparicio and award Plaintiff $608,987.92, consisting of $107,365.00 in special damages, $500,000.00 in general damages, and $1,622.92 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;
“(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), 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.) 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 requests $95,000.00 in future medical expenses (as part of Plaintiff's request for $107,365.00 in special damages). But Plaintiff's declaration lists only $55,000.00 to $70,000.00 in future medical expenses. (See Williams declaration ¶ 13.)
Plaintiff also asks the Court to award $500,000.00 in general damages. Plaintiff has not presented evidence supporting a general damages award of $500,000.00.
Plaintiff’s request for costs includes $245.00 for an “appearance attorney.” (Plaintiff’s Default Judgment Brief p. 5.) This expense is not a recoverable cost under Code of Civil Procedure section 1033.5, subdivision (a).
Plaintiff also requests $250.00 in costs for copies, scanning, and postage. (Plaintiff’s Default Judgment Brief p. 5.) Under Code of Civil Procedure section 1033.5, subdivision (b)(2), “[p]ostage, telephone, and photocopying charges” are not allowable as costs except when expressly authorized by law.
The Court denies the application for default judgment without prejudice.
CONCLUSION
The Court DENIES without prejudice Plaintiff Vanessa Williams’s application for default judgment against Defendants Rapid Sameday Logistics, LLC, and Juana Lizeth Garcia Aparicio filed on July 16, 2024.
Plaintiff is ordered to give notice of this ruling.