Judge: Lisa R. Jaskol, Case: 22STCV33665, Date: 2025-04-11 Tentative Ruling
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Case Number: 22STCV33665 Hearing Date: April 11, 2025 Dept: 28
Having considered the documents submitted in support of a default judgment, the Court rules as follows.
BACKGROUND
On October 17, 2022, Plaintiff Juan De Jesus Isaguirre (“Plaintiff”) filed this action against Defendants John Doe and Does 1-20 for negligence.
On February 27, 2023, Plaintiff amended the complaint to replace Defendant's incorrect name “John Doe” with Issac Albert Sandoval (“Defendant”).
On April 4, 2023, Plaintiff filed a proof of service showing substituted service of the summons, complaint, and other documents on Defendant on March 28, 2023.
On October 17, 2023, Plaintiff filed a statement of damages claiming damages for pain, suffering, and inconvenience “in excess of $1,000,000.00,” damages for emotional distress “in excess of $1,000,000.00,” damages for loss of consortium “TBD,” past medical expenses “TBD,” future medical expenses “TBD,” loss of earnings to date “TBD,” and loss of future earning capacity “TBD.” The attached proof of service showed substituted service on Defendant on July 27, 2023.
On November 8, 2023, the clerk entered Defendant’s default.
On December 26, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
On April 17, 2024, the Court issued an order stating: “The Court orders the default entered on 12/21/2023 as to John Doe vacated.”
On May 3, 2024, Plaintiff filed a new statement of damages claiming damages for pain, suffering, and inconvenience “in excess of $1,000,000.00,” damages for emotional distress “in excess of $1,000,000.00,” damages for loss of consortium “TBD,” past medical expenses of $381,994.00, future medical expenses “TBD,” loss of earnings to date “TBD,” and loss of future earning capacity “TBD.” The attached proof of service showed substituted service on Defendant on April 29, 2024.
On June 14, 2024, the clerk again entered Defendant’s default.
On December 3, 2024, Plaintiff filed an application for default judgment.
PARTY’S REQUEST
Plaintiff asks the Court to enter default judgment against Defendant and award Plaintiff $1,028,013.81, consisting of $27,179.45 in special damages, $1,000,000.00 in general damages, and $834.36 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;
“(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, 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’s cost request includes $96.50 for postage and $75.00 for “independent contractor.” Postage is generally not a recoverable cost. (See Code Civ. Proc., § 1033.5, subd. (b)(3).) Plaintiff has not shown that postage is a recoverable cost here. In addition, Plaintiff has not shown that the expense for an independent contractor is a recoverable cost.
The Court grants in part Plaintiff’s application for default judgment and awards Plaintiff $1,027,842.31, consisting of $27,179.45 in special damages, $1,000,000.00 in general damages, and $662.86 in costs. The Court denies Plaintiff's requests for $96.50 in costs for postage and $75.00 in costs for an independent contractor.
CONCLUSION
The
Court GRANTS in part Plaintiff Juan De Jesus Isaguirre’s
application for default judgment against Defendant Issac Albert Sandoval. The Court awards Plaintiff Juan De Jesus
Isaguirre $1,027,842.31. In all other respects, the Court denies the application.
Plaintiff is to submit a revised JUD-100 form for the Court's signature.
Plaintiff is ordered to give notice of this ruling.