Judge: Lynette Gridiron Winston, Case: 23PSCV02825, Date: 2024-11-20 Tentative Ruling

Case Number: 23PSCV02825    Hearing Date: November 20, 2024    Dept: 6

Plaintiff California Casualty Indemnity Exchange’s Request for Entry of Default Judgment 

Defendant: Michael Harrison 

TENTATIVE RULING 

            Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $41,561.12, plus costs of $550.45. Plaintiff is ordered to submit a new proposed Default Judgment reflecting the reduced amount.           

BACKGROUND           

            This is an insurance subrogation action arising out of an auto accident. On September 13, 2023, plaintiff California Casualty Indemnity Exchange (Plaintiff) filed this action against defendant Michael Harrison (Defendant) and Does 1 through 100, alleging two causes of action for subrogation claim and indebtedness. On February 9, 2024, default was entered against Defendant. On April 4, 2024, the Court rejected Plaintiff’s prior request for entry of default judgment. On November 13, 2024, Plaintiff submitted a default judgment package.           

LEGAL STANDARD 

Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (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) declaration of nonmilitary status; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment 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 attorneys’ fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.) 

ANALYSIS 

Plaintiff seeks default judgment against Defendants in the total amount of $42,385.45, including $41,835.00 in damages and $550.45 in costs. However, the documentation provided still does not add up to $41,835.00 in damages, but instead adds up to only $41,561.12. (Webb Decl., Ex. 3.) 

CONCLUSION           

                Based on the foregoing, Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $41,561.12, plus costs of $550.45. Plaintiff is ordered to submit a new proposed Default Judgment reflecting the reduced amount.