Judge: Lisa R. Jaskol, Case: 23STCV01250, Date: 2024-08-12 Tentative Ruling
Case Number: 23STCV01250 Hearing Date: August 12, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On January 19, 2023, Plaintiff United Financial Casualty Company (“Plaintiff”) filed this action against Defendants Rigoberto Calzadareal (“Defendant”) and Does 1-20 for motor vehicle tort and subrogation under Insurance Code section 11580.2, subdivision (g). The complaint demanded $46,508.30.
Also on January 19, 2023, Plaintiff filed a statement of damages listing $10,508.30 in property damages and $36,000.00 in uninsured motorist bodily injury payments, for a total of $46,508.30.
On March 27, 2023, Plaintiff filed a proof of service showing personal service on Defendant of the summons, complaint, statement of damages, and other documents on March 8, 2023.
On June 23, 2023, Plaintiff filed a CIV-100 form in which Plaintiff requested both entry of default and entry of default judgment. On June 23, 2023, the clerk entered Defendant’s default.
On June 26, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
Effective May 13, 2024, the case was transferred to Department 28 of the Spring Street Courthouse.
PARTY’S REQUESTS
Plaintiff asks the Court to enter a default judgment against Defendant and award Plaintiff $47,037.30, consisting of $46,508.30 in damages and $529.00 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, 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 submitted a completed default judgment application with all required information. The Court grants Plaintiff's application for default judgment against Defendant and awards Plaintiff $47,037.30.
CONCLUSION
The Court GRANTS Plaintiff United Financial Casualty Company’s application for default judgment against Defendant Rigoberto Calzadareal. The Court awards Plaintiff United Financial Casualty Company $47,037.30 against Defendant Rigoberto Calzadareal.
Plaintiff is ordered to give notice of this ruling.