Judge: Lynette Gridiron Winston, Case: 24PSCV03562, Date: 2025-04-24 Tentative Ruling
Case Number: 24PSCV03562 Hearing Date: April 24, 2025 Dept: 6
Plaintiff
United Financial Casualty Company’s Request for Entry of Default Judgment
Defendant: Steven M. Soto
TENTATIVE RULING
Plaintiff’s request for entry of default judgment is GRANTED in the reduced amount of $51,022.83. If Plaintiff submits on the tentative ruling, Plaintiff can submit a new proposed judgment prior to the hearing and the Court will sign the new proposed judgment.
BACKGROUND
This is a subrogation action. On October 22, 2024, plaintiff United Financial Casualty Company (Plaintiff) filed this action against defendant Steven M. Soto (Defendant) and Does 1 to 20, alleging one cause of action for motor vehicle.
On March 6, 2025, default was entered against Defendant.
On March 12, 2025, Plaintiff filed a request for entry of default judgment.
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 $51,913.83, including $51,389.83 in damages and $524.00 in costs. The Court finds Plaintiff’s damage request is slightly overstated, as there appears to be a calculation error. Plaintiff indicates having paid $40,989.83 out of $55,174.33 to settle the property damage claim with Plaintiff’s insured, comprised of $55,174.33 in property damages and towing, less $15,075.50 in salvage. (Mitchell Decl., 3:8-14, Exs. A, B.) However, $55,174.33 minus $15,075.50 equals $40,098.83, not $40,989.83. Accordingly, the correct calculation should be $51,022.83, comprised of $40,098.83 for property damages, $10,400.00 for uninsured motorist compensation, and $524.00 in costs. (See Mitchell Decl., 3:8-14, Exs. A, B; Form CIV-100, ¶ 7.) The Court otherwise finds everything else appears to be in order, and will therefore GRANT the request for entry of default judgment in the reduced amount of $51,022.83.
CONCLUSION