Judge: Lisa R. Jaskol, Case: 22STCV26279, Date: 2024-08-19 Tentative Ruling
Case Number: 22STCV26279 Hearing Date: August 19, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On August 15, 2022, Plaintiff Yehuda Abikhzer (“Plaintiff”) filed this action against Defendants M S Excel Rent A Car, Inc. (“Defendant”) and Does 1-100 for negligence, negligence per se, intentional misrepresentation, negligent misrepresentation, breach of written contract, violation of Business and Professions Code section 17200, violation of the Consumer Legal Remedies Act, and products liability.
On December 7, 2023, Plaintiff amended the complaint to replace Defendant’s name with MS Excel Rent A Car, Inc.
On March 22, 2024, Plaintiff filed a proof of service showing substituted service of the summons, complaint, and other documents on Defendant on October 2, 2023.
On April 8, 2024, the clerk entered Defendant’s default.
On June 6, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
On June 13, 2024, Plaintiff filed a proof of service showing substituted service of the summons, complaint, statement of damages and other documents on Defendant on December 19, 2023.
On June 14, 2024, Plaintiff filed a request for Court judgment.
PARTY’S REQUESTS
Plaintiff Yehuda Abikhzer asks the Court to enter a default judgment against Defendant MS Excel Rent A Car, Inc. and award Plaintiff $5,505,233.00, consisting of $5,000,000.00 in general damages, $500,000.00 in special damages, and $5,233.00 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 not provided a copy of the statement of damages which Plaintiff contends that he served on December 19, 2023. Although Plaintiff states that Exhibit I is “a true and correct copy of the Statement of Damages served on Defendant, filed with the court on March 22, 2024,” Exhibit I is titled “Summary of Case in Support of Plaintiff’s Request for Court Judgment; Declaration of Roy Aviram, Esq. in Support Thereof.” The document asserts that “[a] Statement of Damages was served on Defendant pursuant to CCP §425.11 & §425.115 on December 19, 2023.” However, no statement of damages is attached.
Plaintiff has not provided evidence supporting his claim for $500,000.00 in special damages. The medical bill attached to Plaintiff’s declaration shows total charges of $4,276.00, adjustments of $3,825.67, and payments of $450.33. Plaintiff states in his declaration that he will need future medical care but he has provided no evidence to support this statement.
Exhibit M appears to be a list of items included in the memorandum of costs. Exhibit M includes $2,250.00 for “Purchase Vehicle from Lien Sale,” $39.99 for “Carfax for Vehicle,” $330.00 for “Tow Vehicle from Desert Towing,” $120.00 for “Travel Fees to Pick Up Vehicle,” and $225.00 for “Reimbursement for Trip to Purchase Vehicle.” Plaintiff has not shown that these expenses qualify as recoverable costs under Code of Civil Procedure section 1033.5, subdivision (a).
Plaintiff’s declaration supports an award of general damages. However, Plaintiff has not provided evidence supporting a general damage award of $5,000,000.00.
The Court denies Plaintiff’s application for default judgment.
CONCLUSION
The Court DENIES without prejudice Plaintiff Yehuda Abikhzer’s application for default judgment against Defendant MS Excel Rent A Car, Inc. filed on June 14, 2024.
Plaintiff is ordered to give notice of this ruling.