Judge: Lynne M. Hobbs, Case: 20STCV17574, Date: 2023-08-31 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: 20STCV17574    Hearing Date: August 31, 2023    Dept: 30

Frank Tumchuud,et al  v. Jason Sandoval, et al.
20STCV17574
Request for Entry of Default Judgment

Ruling:   Continued 60 days to allow Plaintiff to correct deficiencies.  Amended pleadings must be filed 5 days prior to next court date.

Rationale:   

Does must be dismissed before a default judgment can be granted.

Medical expenses must be categorized when Medi-Cal is involved as was the case here.  Plaintiff must submit a Medi-Cal lien letter.  

Lost wages must be supported by evidence such as pay-roll stubs or W-2 from the employer.

$25,000 settlement with Defendants Triple JS Jade Vermont, LLC and JC Jade Vermont, LLC has not been subtracted from the demand of damages.

The $1,750,000 in general damages is excessive and unsupported.  It is 11 times the original amount of Plaintiff's special damages before insurance adjustments.

Sanjaasuren submitted no evidence to support damages.

Interest demand with a total and a declaration stating the basis and calculation are necessary.  The allowable rate in personal injury actions is 7%.