Judge: Lisa R. Jaskol, Case: 22STCV20045, Date: 2024-08-12 Tentative Ruling
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Case Number: 22STCV20045 Hearing Date: August 12, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On June 20, 2022, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed this action against Defendants Brandon Paul Gardea (“Gardea”), Lus Adriana Fuentes (“Fuentes”) and Does 1-10 for subrogation recovery. The complaint demanded $32,782.29.
On July 18, 2022, Plaintiff filed proofs of service showing substituted service of the summons, complaint, statements of damages, and other documents on Gardea and Fuentes on July 13, 2022.
On September 1, 2022, the clerk entered Gardea’s and Fuentes’s defaults.
On June 14, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
Also on June 14, 2024, Plaintiff applied for default judgment against Gardea and Fuentes.
PARTY’S REQUESTS
Plaintiff asks the Court to enter a default judgment against Defendants Brandon Paul Gardea and Lus Adriana Fuentes and award Plaintiff $37,975.38, consisting of $32,782.29 as the demand of the complaint, $4,558.09 in interest, and $635.00 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;
“(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 has submitted a completed default judgment application.
Plaintiff requests $200.00 for process server fees but the court file reflects process server fees totaling only $100.00. Therefore, the Court reduces the cost award by $100.00.
The Court grants the application and awards Plaintiff $37,875.38.
CONCLUSION
The Court GRANTS Plaintiff Interinsurance Exchange of the Automobile Club’s application for default judgment filed on June 14, 2024. The Court awards Plaintiff Interinsurance Exchange of the Automobile Club $37,875.38 against Defendants Brandon Paul Gardea and Lus Adriana Fuentes, jointly and severally.
Plaintiff is ordered to give notice of this ruling.