Judge: Lisa R. Jaskol, Case: 22STCV10709, Date: 2024-11-06 Tentative Ruling
Case Number: 22STCV10709 Hearing Date: November 6, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On March 29, 2022, Plaintiff Rayvon Aldridge (“Plaintiff”) filed this action against Defendants Van Co Loi (“Loi”) and Alounkone Malavong (“Malavong”) for motor vehicle tort and general negligence. Although Plaintiff did not list Doe defendants in the caption or in Section 1 of the complaint, Section 6 of the complaint and the Judicial Council form attachments for Motor Vehicle and General Negligence name Doe defendants 1-25.
On June 9, 2022, Plaintiff filed a proof of service showing substituted service on Loi of the summons, complaint, and other documents on April 24, 2022.
On May 15, 2023, Plaintiff filed a proof of publication of the summons and statement of damages. The statement of damages contained in the proof of publication sought $100,000.00 in general damages for pain, suffering, and inconvenience and $11,435.00 in special damages for medical expenses.
On July 19, 2023, the clerk entered Loi’s default.
On December 11, 2023, the Court dismissed Malavong without prejudice at Plaintiff’s request. On July 31, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
On July 25, 2024, Plaintiff filed a request for Court judgment.
PARTY’S REQUEST
Plaintiff
Rayvon Aldridge asks the Court to enter a default judgment against Defendant Van
Co Loi and award Plaintiff $112,357.23, consisting of $100,000.00 in general
damages, $11,435.00 in special damages, and $922.23 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 $112,357.23.
CONCLUSION
The Court GRANTS the application for default judgment filed by Plaintiff Rayvon Aldridge against Defendant Van Co Loi on July 25, 2024. The Court awards Plaintiff Rayvon Aldridge $112,357.23.
Plaintiff is ordered to give notice of this ruling.