Judge: Lisa R. Jaskol, Case: 21STCV47436, Date: 2024-04-04 Tentative Ruling

Case Number: 21STCV47436    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 December 29, 2021, Plaintiff Bahram Yousefi-Dolatsara (“Plaintiff”) filed this action against Defendants Zakiya Najee-Richards (“Defendant”) and Does 1-100 for motor vehicle tort. 

On October 27, 2023, Plaintiff filed a proof of service showing personal service on Defendant of the summons, complaint, and statement of damages on October 15, 2023. 

On December 29, 2023, Plaintiff filed a statement of damages requesting $25,000.00 in general damages for pain, suffering, and inconvenience and $37,400.00 in special damages, consisting of $7,400.00 in past medical expenses and $30,000.00 in future medical expenses. 

Also on December 29, 2023, the clerk entered Defendant’s default. 

On March 6, 2024, Plaintiff filed a request for Court judgment to be heard on April 4, 2024. 

On March 8, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request. 

PARTY’S REQUEST 

Plaintiff Bahram Yousefi-Dolatsara asks the Court to enter a default judgment against Defendant Zakiya Najee-Richards and award Plaintiff $23,028.00, consisting of $15,000.00 in general damages, $7,400.00 in special damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $628.00 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, 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 

          Based on the evidence submitted in the March 6, 2024 petition, 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 Bahram Yousefi-Dolatsara for default judgment against Defendant Zakiya Najee-Richards filed on March 6, 2024.  The Court enters judgment for Plaintiff Bahram Yousefi-Dolatsara and against Defendant Zakiya Najee-Richards for $23,028.00. 

Plaintiff is ordered to give notice of this ruling.