Judge: Lisa R. Jaskol, Case: 22STCV19942, Date: 2025-01-08 Tentative Ruling
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Case Number: 22STCV19942 Hearing Date: January 8, 2025 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On June 17, 2022, Plaintiff Wawanesa General Insurance Company (“Plaintiff”) filed this action against Defendants Kodi Robbins (“Defendant”) and Does 1-20 for motor vehicle tort and subrogation. The complaint demanded $48,218.10.
On June 17, 2022, Plaintiff filed a document on pleading paper titled “Statement of Damages” listing $47,468.10 in property damages, $750.00 in uninsured motorist bodily injury payments, and $48,218.10 in total damages.
On November 3, 2022, Plaintiff filed a proof of service showing substituted service of the summons and complaint, statement of damages, and other documents on Defendant on October 22, 2022.
On January 12, 2024, the clerk entered Defendant’s default.
On April 25, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
On July 24, 2024, the Court dismissed the complaint without prejudice. On October 23, 2024, the Court granted Plaintiff’s motion to vacate the dismissal.
On November 21, 2024, Plaintiff filed an application for default judgment.
PARTY’S REQUEST
Plaintiff asks the Court to enter a default judgment against Defendant and award Plaintiff $47,987.10, consisting of $47,468.10 as the demand of the complaint and $519.00 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)(7).)
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 2024) ¶ 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 has submitted a complete default judgment application with all required information. The Court grants the application and awards Plaintiff $47,987.10 against Defendant.
CONCLUSION
The Court GRANTS Plaintiff Wawanesa General Insurance Company’s application for default judgment against Defendant Kodi Robbins filed on November 21, 2024. The Court awards Plaintiff Wawanesa General Insurance Company $47,987.10 against Defendant Kodi Robbins.
Plaintiff is ordered to give notice of this ruling.