Judge: Lisa R. Jaskol, Case: 22STCV25218, Date: 2024-10-02 Tentative Ruling
Case Number: 22STCV25218 Hearing Date: October 2, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On August 5, 2022, Plaintiff United Financial Casualty Company (“Plaintiff”) filed this action against Defendants Adan A. Moreno (“Moreno”), Daniel Lopez Hernandez (“Hernandez”), and Does 1-20 for motor vehicle tort and subrogation under Insurance Code section 11580.2, subdivision (g). The complaint demanded $137,200.02. Plaintiff also filed a statement of damages listing $8,296.02 in property damages and $128,904.00 in uninsured motorist bodily injury payments, for a total amount of $137,200.02.
On September 7, 2022, Plaintiff filed a proof of substituted service of the summons, complaint, statement of damages, and other documents on Moreno on August 21, 2022.
On January 11, 2024, the clerk entered Moreno’s default.
On August 2, 2024, Plaintiff filed an application for default judgment against Moreno.
On August 6, 2024, the Court dismissed Hernandez without prejudice at Plaintiff’s request. On August 9, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
PLAINTIFF’S REQUEST
Plaintiff asks the Court to enter a default judgment against Moreno and to award Plaintiff $137,719.02, consisting of $137,200.02 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).)
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.
CONCLUSION
The Court GRANTS Plaintiff United Financial Casualty Company’s request for default judgment against Defendant Adan A. Moreno filed on August 2, 2024 and awards Plaintiff $137,719.02.
Plaintiff is ordered to give notice of this ruling.