Judge: Lynne M. Hobbs, Case: 19STCV40225, Date: 2023-05-23 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV40225    Hearing Date: May 23, 2023    Dept: 30

#11
PHILLIP ANDERSON, AN INDIVIDUAL, et al. vs KIMBERLY ORTIZ, AN INDIVIDUAL
19STCV40225
Request for Default Judgment

Ruling:  Denied. Dismissed with prejudice. 

Rationale:  Plaintiff has been given ample opportunity to file a completed and code-compliant request for default judgment, and he has not been able to do so.  The errors are below-listed.

Plaintiff failed to use form CIV-050 and instead filed the statement on pleading paper. Form CIV-050 is mandatory in personal injuries and wrongful death cases. (Code Civ. Proc., section 425.12(b); Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 688.) Because Plaintiff failed to properly serve a statement of damages using the mandatory form on Defendant, Default is void.

Plaintiffs seek special damages in the amount of $13,306. However, Plaintiffs failed to support the demand with evidence, such as invoices or other documentation showing the expenses were paid or are owed.

Plaintiff also requests general damages in the amount of $50,000. However, Plaintiffs failed to provide evidence such as declarations showing the demand for general damages is justified by Plaintiffs’ pain, suffering, or other reason.

Additionally, form JUD-100 shows total damages is $63,000. However, Plaintiff’s special and general damages total $63,306 There is a $306 deficit in Plaintiffs’ total.