Judge: Lisa R. Jaskol, Case: BC685290, Date: 2023-09-20 Tentative Ruling
Case Number: BC685290 Hearing Date: March 29, 2024 Dept: 28
Having considered the documents submitted in support of a default judgment, the Court rules as follows.
BACKGROUND
On December 1, 2017, Plaintiffs Michael Fullerton (“Fullerton”) and Brenda Severns (“Severns”) filed this action against Defendants Licea Logistics, Inc. (“Licea”), John Vela (“Vela”), and Does 1-25 for motor vehicle tort and general negligence.
On January 2, 2018, Plaintiffs filed proofs of service of the summons, complaint, statements of damages, and other documents on Vela and Licea ("Defendants").
On January 24, 2018, Defendants filed an answer.
On May 26, 2021, the Court granted Defendants’ counsel’s motion to be relieved as counsel. Counsel was relieved on June 8, 2021. Defendants have not notified the Court that they have retained new counsel.
On December 16, 2022, Plaintiffs’ counsel filed a notice of termination of stay, which stated in part:
“On or about June 8, 2020, in the case of Commissioner
of the Department of Financial Regulation v. Global Hawk Insurance Co. Risk
Retention Group, (Civil Division Docket No. 196-5-20 Wncv), before the State of
Vermont, Superior Court Washington Unit, an Order of Liquidation was entered,
which included a stay of proceedings involving any claim being defended by
Global Hawk Insurance Co. Risk Retention Group (‘Global Hawk’). SEE EXHIBIT 1
(page 8, Paragraph 9.) Global Hawk was the insurance carrier providing defense
for Defendants Licea Logistics, Inc and John Vela in this action up to that
point.”
“The stay described above as to Global Hawk is no longer in effect because it expired on August 8, 2020 (60 days from when the above order was issued.) Plaintiff’s counsel learned of this on September 19, 2022 as a result of email correspondence with the liquidator in the Vermont case. SEE EXHIBIT 2. 4. As a result, the lawsuit against Defendants in the current matter with this Superior Court may proceed.”
On October 19, 2023, Plaintiffs filed a motion to strike Defendants’ answer and enter their defaults. Defendants did not file an opposition.
On October 27, 2023, the Court issued an order stating: “The Court intends to strike defendants’ Answer pursuant to Code of Civil Procedure section 575.2 and the 8th Amended Standing Order re: Procedures in the Personal Injury Hub if the Defendants fail to appear at the Final Status Conference and Trial.” (See October 30, 2023 Nunc Pro Tunc Order.) The Court continued the final status conference and trial to November 14, 2023.
On November 14, 2023, Defendants did not appear for the final status conference and trial. The Court struck Defendants’ answer.
On November 15, 2023, Fullerton and Severns each filed statements of damages sought against Defendants.
On November 21, 2023, the clerk entered Defendants' defaults.
On December 8, 2023, the Court dismissed the Doe defendants without prejudice at Plaintiffs’ request.
On February 22, 2024, Plaintiffs filed requests for Court judgment to be heard on March 29, 2024.
PARTIES’ REQUESTS
Plaintiff Brenda Severns asks the Court to enter a default judgment against Defendants and award Severns $482,000.00, consisting of $375,000.00 in general damages and $107,000.00 in special damages.
Plaintiff Michael Fullerton asks the Court to enter a default judgment against Defendants and award Fullerton $436,591.89, consisting of $375,000.00 in general damages and $61,591.89 in special damages.
DISCUSSION
Plaintiffs have submitted complete default judgment packets with all required attachments. The Court grants the applications.
CONCLUSION
The Court GRANTS the application of Plaintiff Michael Fullerton for default judgment against Defendants Licea Logistics, Inc. and John Vela filed on February 22, 2024. The Court enters judgment for Plaintiff Michael Fullerton and against Defendants Licea Logistics, Inc. and John Vela for $436,591.89.
The Court GRANTS the application of Plaintiff Brenda Severns for default judgment against Defendants Licea Logistics, Inc. and John Vela filed on February 22, 2024. The Court enters judgment for Plaintiff Brenda Severns and against Defendants Licea Logistics, Inc. and John Vela for $482,000.00.
Plaintiffs are ordered to give notice of this ruling.