Judge: Lynette Gridiron Winston, Case: 24PSCV00258, Date: 2024-08-14 Tentative Ruling
Case Number: 24PSCV00258 Hearing Date: August 14, 2024 Dept: 6
Plaintiff United Financial Casualty’s Request for Entry of Default Judgment
Defendant: Joseph D. Molina
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is DENIED without prejudice.
BACKGROUND
This is a subrogation action. On January 25, 2024, plaintiff United Financial Casualty Company (Plaintiff) filed this action against defendant Joseph D. Molina (Defendant) and Does 1 to 20, alleging the sole cause of action for motor vehicle.
On June 6, 2024, Plaintiff submitted a request for entry of default and default judgment. Default was entered on the same date. On June 25, 2024, Plaintiff submitted the remainder of Plaintiff’s 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 $104,029.00, including $103,500.00 in damages and $529.00 in costs. The Court finds two issues with the default judgment package. First, Plaintiff did not submit a proposed judgment per Rule 3.1800, subdivision (a)(6), of the California Rules of Court. (Cal. Rules of Court, rule 3.1800, subd. (a)(6).) Second, the Court requests Plaintiff to provide further evidence from Plaintiff itself showing the amount it paid to its insured, Stephen Romero. (See Id., 3.1800, subds. (a)(2), (a)(8); Code Civ. Proc., § 585, subd. (b) [“the court shall hear the evidence offered by the plaintiff and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint… as appears by the evidence to be just.”]; see also Cal. Rules of Court, rule 3.1800, subd. (8) [plaintiff must provide exhibits as necessary].) While liability is admitted on default, proof is still required to support the damages requested. (Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 898.)
CONCLUSION