Judge: Lisa R. Jaskol, Case: 22STCV24770, Date: 2025-01-22 Tentative Ruling

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Case Number: 22STCV24770    Hearing Date: January 22, 2025    Dept: 28

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

BACKGROUND 

On August 1, 2022, Plaintiff Wawanesa General Insurance Company (“Plaintiff”) filed this action against Defendants Gerardo Herrera (“Defendant”) and Does 1-20 for motor vehicle tort and subrogation.  The complaint demanded $97,576.80. 

On September 2, 2022, Plaintiff filed a proof of service showing substituted service of the summons, complaint, and other documents on Defendant on August 9, 2022. 

On February 15, 2024, Plaintiff filed a statement of damages listing $2,576.80 in property damages and $95,000.00 for uninsured motorist bodily injury payments.  The proof of service stated that Plaintiff mailed the statement of damages to Defendant on February 15, 2024.

On May 15, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request. 

On September 11, 2024, Plaintiff filed a proof of service showing substituted service on Defendant of the summons, complaint, statement of damages, and other documents on August 9, 2022. 

On December 13, 2024, the clerk entered Defendant’s default. 

Also on December 13, 2024, Plaintiff filed an application for Court judgment.  The application was set for hearing on January 22, 2025. 

PARTY’S REQUESTS 

Plaintiff asks the Court to enter default judgments against Defendant and award each Plaintiff $98,095.80, consisting of $97,576.80 as the demand of the complaint and $519.00 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 (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 not provided medical records, bills, or other evidence showing that Plaintiff's payment of $95,000.00 in uninsured motorist bodily injury benefits was reasonable. 

The Court denies the application. 

CONCLUSION 

The Court DENIES without prejudice Plaintiff Wawanesa General Insurance Company’s application for default judgment against Defendant Gerardo Herrera filed on December 13, 2024. 

Plaintiff is ordered to give notice of this ruling.