TENTATIVE 

Plaintiff Farhad Nazarian (“Plaintiff”) filed this action against Defendants American Pacific Forwarders, Inc., Inc. [sic], Fernando Lucas Garcia, and Johari Mohsen for damages arising from a multi-vehicle collision. Dismissal was entered against American Pacific Forwarders, Inc., Inc. and Fernando Lucas Garcia on April 18, 2022, and dismissal entered against Does 1-75 on June 27, 2023.  

Defendant Johari Mohsen (“Defendant”) remains as the sole defendant in this action. Plaintiff seeks $114,682.75 in special damages, $700,000 in general damages, and $1,931.65 in costs. 

This is Plaintiff’s first request for default judgment. The request for default judgment filed on September 25, 2023 is denied for the following reasons: 

First, Plaintiff obtained Defendant’s default on January 22, 2021. However, Plaintiff served the summons and statement of damages on Defendant via publication through the Los Angeles Daily News on 04/16/2023, 04/23/2023, 04/30/2023, and 05/07/2023. (Proof of Pub. Affidavit. June 9, 2023.) Because notice of Plaintiff’s action was provided after entry of default, and the initial proof of service of the Statement of Damages by mail on November 23, 2022 constitutes improper notice, the Court finds the entry of default was erroneously obtained.  

In personal injury and wrongful death cases, a plaintiff must serve a statement of damages setting forth the nature and amount of damages to be sought before default may be taken. (CCP §425.11.) A default judgment is void if the required statement of damages was not served on the defendant before the default was taken. (Van Sickle v. Gilbert, supra, 196 Cal.App.4th at p. 1521, 127 Cal.Rptr.3d 542.) Formal notice “is an essential prerequisite to a valid default judgment.” (Engebretson & Co. v. Harrison (1981) 125 Cal.App.3d 436, 443-444, 178 Cal.Rptr. 77 [mail service constituted inadequate notice].) 

Based on the foregoing, the January 22, 2021 default obtained against Defendant is hereby rendered VOID. (CCP § 425.11(c)-(d).) Plaintiff must obtain new entry of default.  

Second, Plaintiff’s medical specials and any documents in support of the damages sought must be authenticated by Plaintiff and attached to Plaintiff’s declaration. Plaintiff’s counsel (“Counsel”) did not personally incur the medical expenses nor medical treatment for Counsel to have the personal knowledge to authenticate Plaintiff’s records. The Court further notes that Plaintiff must provide evidence of all costs sought, and provide documents in support of general damages (pain, inconvenience, suffering, “disruption of my life”.) The Court will not award speculative or conjectural damages.  

Lastly, upon preparation of a new default judgment package, Plaintiff is requested to use CIV-100 [Rev. January 1, 2023] instead of the outdated CIV-100 [Rev. January 1, 2020], and JUD-100 [Rev. January 1, 2024] instead of JUD-100 [Rev. January 1, 2002].  

No later than ________, Plaintiff is to submit a new default judgment package correcting these defects. Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to ___________.