Judge: Lisa R. Jaskol, Case: 23STCV10204, Date: 2024-09-30 Tentative Ruling
Case Number: 23STCV10204 Hearing Date: September 30, 2024 Dept: 28
Having considered the documents submitted in support of the request for default judgment, the Court rules as follows.
BACKGROUND
On May 8, 2023, Plaintiff Mercury Insurance Company (“Plaintiff”) filed this subrogation action against Defendants Susanna Babayan (“Babayan”), Alisa Msryan (“Msryan”), and Does 1-20 for negligence, wrongful misconduct, money had and received, and money paid. The complaint demanded $49,767.50.
On June 28, 2023, Plaintiff filed a proof of service showing substituted service of the summons, complaint, and other documents on Babayan on May 13, 2023.
On July 11, 2023, the clerk entered Babayan’s default.
On July 17, 2023, Plaintiff filed a proof of service showing personal service on Msryan of the summons, complaint, and other documents on June 7, 2023. On January 16, 2024, Plaintiff filed an amended proof of service showing personal service on Msryan of the summons, complaint, and other documents on June 7, 2023.
On January 16, 2024, the clerk entered Msryan’s default.
On July 15, 2024, Plaintiff filed a request for Court judgment to be heard on September 30, 2024.
On July 18, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request.
PARTY’S REQUESTS
Plaintiff Mercury Insurance Company asks the Court to enter a default judgment against Defendants Susanna Babayan and Alisa Msryan and award Plaintiff $50,309.75, consisting of $49,767.50 as the demand of the complaint and $542.25 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 not completed Section 6 of the CIV-100 form, the declaration of mailing. The Court therefore denies the application.
CONCLUSION
The Court DENIES without prejudice Plaintiff Mercury Insurance Company’s application for default judgment against Defendants Susanna Babayan and Alisa Msryan filed on July 15, 2024.
Plaintiff is ordered to give notice of this ruling.