Judge: Lisa R. Jaskol, Case: 22STCV14035, Date: 2023-10-12 Tentative Ruling

Case Number: 22STCV14035    Hearing Date: April 18, 2024    Dept: 28

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

BACKGROUND 

On April 27, 2022, Plaintiff Douglas Rhee, Jr. (“Plaintiff”) filed this action against Defendants Hilarion Candido Varela (“Varela”), Steve Song (“Song”), and Does 1-50 for motor vehicle and general negligence. 

On March 30, 2023, Plaintiff filed proofs of service showing personal service of a statement of damages on Varela on November 17, 2022, and personal service of a statement of damages on Song on November 12, 2022. The statements of damage each listed $5,000,000.00 for pain, suffering, and inconvenience, $2,000,000.00 for emotional distress, $650,000.00 for medical expenses to date, $500,000.00 for future medical expenses, and $1,000,000.00 for loss of future earning capacity. 

On April 12, 2023, the clerk entered Varela’s default. 

On May 5 and June 14, 2023, Plaintiff filed additional proofs of personal service on Song of a statement of damages on November 12, 2022. 

On June 14, 2023, the clerk entered Song’s default. 

On September 5, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request. 

On April 4, 2024, Plaintiff submitted a request for Court judgment against Defendants to be heard on April 18, 2024. 

PARTY’S REQUESTS 

Plaintiff asks the Court to enter a default judgment against Defendants Hilarion Candido Varela and Steve Song and award Plaintiff $1,506,747.96, consisting of $1,000,000.00 in special damages, $500,000.00 in general damages, and $6,747.96 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 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 $1,000,000.00 in special damages.  Plaintiff’s declaration provides support for $600,782.50 in special damages based on Plaintiff’s past medical expenses.  But Plaintiff has not provided support for the remaining special damages he is requesting ($399,217.50). 

          The Court denies the application without prejudice. 

CONCLUSION 

The Court DENIES without prejudice Plaintiff Douglas Rhee, Jr.’s application for default judgment against Defendants Hilarion Candido Varela and Steve Song. 

Plaintiff is ordered to give notice of this ruling.