Judge: Lisa R. Jaskol, Case: 22STCV35181, Date: 2024-11-18 Tentative Ruling
Case Number: 22STCV35181 Hearing Date: November 18, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On November 3, 2022, Plaintiff United Financial Casualty Company (“Plaintiff”) filed this action against Defendants Thomas Irwin (“Defendant”) and Does 1-20 for motor vehicle tort and subrogation. The complaint demanded $47,354.01. Plaintiff also filed a statement of damages listing property damage of $8,661.01, uninsured motorist bodily injury payments of $38,693.00, and total damages of $47,354.01. On September 13, 2024, Plaintiff filed another statement of damages listing the same damage amounts.
On June 13, 2023, Plaintiff filed a proof of service showing substituted service of the summons, complaint, statement of damages, and other documents on Defendant on June 3, 2023.
On April 17, 2024, the clerk entered Defendant’s default.
On September 13, 2024, Plaintiff filed an application for Court judgment.
On September 16, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
PARTY’S REQUEST
Plaintiff
asks the Court to enter a default judgment against Defendant and award
Plaintiff $47,873.01, consisting of $47,354.01 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’s insured has submitted a declaration stating that she suffered a broken foot in the accident. However, Plaintiff’s custodian of records has submitted a declaration stating that Plaintiff’s insured suffered “cervical/thoracic sprain/strain.” Plaintiff should address this inconsistency.
Plaintiff has not provided evidence (such as copies of medical records or billing) supporting Plaintiff’s assertion that it was required to pay its insured $38,693.00 in uninsured motorist bodily injury benefits.
For these reasons, the Court denies Plaintiff’s application for default judgment.
CONCLUSION
The Court DENIES without prejudice Plaintiff United Financial Casualty Company’s application for default judgment against Defendant Thomas Irwin filed on September 13, 2024.
Plaintiff is ordered to give notice of this ruling.