Judge: Lynne M. Hobbs, Case: 21STCV03794, Date: 2023-12-26 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: 21STCV03794    Hearing Date: December 26, 2023    Dept: 30

MARIAM VARGAS, et al. vs MARISSA RODRIGUEZ, et al.

Tentative: The Court has reviewed the request for default judgment. The request is DENIED without prejudice due to the following defects:

(1) If costs are waived for Marisol, the box under item 7f should be checked on CIV-100 form.

(2) Medical records must be authenticated.

(3) General damages are excessive in light of the amount claimed in special damages.

(4) Both Plaintiffs served one statement of damages together, putting Defendant on notice of $25,000 in general damages. Thus, their combined general damages cannot exceed $25,000. While the statement of damages contains language that says Plaintiffs seek general damages “in excess of $25,000,” Courts have held that a judgment is void if the damages awarded are more than the amount that is specifically stated in the statement of damages, i.e., here, $25,000. In any event, general damages are excessive, in light of Plaintiff’s claimed special damages, so this is not an issue once the excessive amount is corrected.

(5) The declarations by Plaintiff do not substantiate awarding general damages as they do not attest to any general damages suffered, other than generally stating so. Counsel’s declaration attesting to their general damages is not sufficient because he does not have personal knowledge.

In addition, California Rules of Court, rule 3.110 requires Plaintiff to obtain entry of default a within 10 days after the time for service has elapsed and a default judgment within 45 days after the default was entered. California Rules of Court, rule 3.740 requires obtaining a default judgment within 365 days of the filing of the complaint. Pursuant to Gov. Code § 68608, trial courts shall have the power to impose sanctions to enforce the requirements of a delay reduction program, including the power to striking pleadings or dismissing actions if less severe sanctions are ineffective. LASC local rule 3.10 allows the Court to impose sanctions for the failure or refusal to comply with time standards or deadlines. Moreover, the court is mindful of Garcia v. McCutchen (1997) 16 Cal.4th 469.

Accordingly, as this case is approaching its 3rd year, the Court will set one more OSC for Plaintiff to obtain a Default Judgment or otherwise the court may impose a sanction, including dismissal. Judicial Assistant to calendar in 60 days an OSC re dismissal for failure to perfect / obtain a Default Judgment pursuant to CRC Rule 3.110(h) and (i), CRC Rule 3.740, CCP 581(b)(4), CCP 583.410, and 583.420(a)(2)(A) and (B). Clerk to give notice.