Judge: Michael P. Linfield, Case: 21STCV28129, Date: 2023-01-11 Tentative Ruling
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Case Number: 21STCV28129 Hearing Date: January 11, 2023 Dept: 34
PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT
I.
BACKGROUND
On July 29, 2021, Plaintiffs Kevin Zachary Rice, Roberta Manetta, and
Kendra Inman filed their Complaint against Defendants Phillip Charles Arter and
S & W Roofing Corporation, Inc. on causes of action for negligence, breach
of implied warranty of habitability, and constructive eviction.
On September 24, 2021, Defendant Arter filed their Answer to the
Complaint.
On September 27, 2021, Defendant/Cross-Complainant Arter filed their
Cross-Complaint against Defendant/Cross-Defendant S & W Roofing
Corporation, Inc. and Cross-Defendant Gerardo Gonzalez on causes of action for
breach of contract, negligence, indemnity, and contribution.
On December 2, 2021, by request of Plaintiffs, the Clerk’s Office
entered default on Defendant/Cross-Defendant S & W Roofing Corporation,
Inc. regarding the Complaint.
On June 13, 2022, by request of Defendant/Cross-Complainant Arter, the
Clerk’s Office entered default on Defendant/Cross-Defendant S & W Roofing
Corporation, Inc. regarding the Cross-Complaint.
On October 5, 2022, by request of Defendant/Cross-Complainant Arter,
the Clerk’s Office entered default on Cross-Defendant Gerardo Gonzalez
regarding the Cross-Complaint.
On October 26, 2022, by request of Plaintiffs, the Clerk’s Office
dismissed with prejudice Defendant/Cross-Complainant Arter from the Complaint.
On December 16, 2022, Plaintiffs filed:
(1)
CIV-100,
Request for Entry of Default on Defendant/Cross-Defendant S & W Roofing
Corporation, Inc.;
(2)
JUD-100,
Proposed Judgment;
(3)
Declaration
of Roberta Manetta;
(4)
Declaration
of Kevin Zachary Rice;
(5)
Declaration
of Kendra Inman;
(6)
Declaration
of Matthew L. Brinton
(7)
Statement
of Damages for Roberta Manetta;
(8)
Statement
of Damages for Kevin Zachary Rice;
(9)
Statement
of Damages for Kendra Inman; and
(10)
Summary
of the Case.
On December 22, 2022, by request of Plaintiffs, the Clerk’s Office
dismissed without prejudice Does 1 through 20 from the Complaint.
II.
ANALYSIS
In his Complaint,
Plaintiff prays for judgment as follows:
1.
General
and consequential damages in an amount according to proof;
2.
Costs of
suit; and
3.
Post-judgment
interest according to law/proof.
(Complaint, pp.
6:24–28, 7:1–6.)
The second
Request for Entry of Default, dated December 16, 2022, lists the following
damages:
1.
$599,315.00
in special damages; and
2.
$300,000.00
in general damages.
(Request for Entry
of Default, dated December 16, 2022, Item 2.)
The Statement of Damages was served on Defendant
on August 26, 2021, prior to Entry of Default.
The Court GRANTS Plaintiffs’ Request
for Entry of Default Judgement against Defendant S&W Roofing Corporation
Inc. in the amount of $899,315.00.
The Court sets
an OSC re Entry of Default Judgement and/or OSC re Dismissal on the
Cross-Complaint for February ___, 2023.