Judge: Michelle C. Kim, Case: 19STCV14557, Date: 2023-10-05 Tentative Ruling
Case Number: 19STCV14557 Hearing Date: October 5, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 10/05/2023 |
CASE NAME/NUMBER:
| 19STCV14557 BENETTA MYLES vs GUSTAVO ALONSO VALDEV MEJIA, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
|
|
RECOMMENDATION:
| DENY for reasons stated below. |
TENTATIVE
The request for default judgment submitted on August 2, 2023 is DENIED for the following reasons:
The Court is unable to locate the proposed judgment on form JUD-100. The proposed judgment is mandatory. (CRC 3.1800(a)(6).)
Plaintiff must submit a copy of the Statement of Damages served on each Defendant. (CRC 3.250(a)(20).) Plaintiff obtained Gustavo Alonso Valdev Mejia’s default on July 13, 2021, Falkeen Logistics’ default on July 28, 2021, and Global Logistics Solutions Group, LLC’s (Doe 1) default on October 21, 2020. Aside from filing a copy of the Statement of Damages, Plaintiff must also demonstrate that the Statement of Damages were served on each Defendant prior to obtaining their defaults; otherwise, the default will be void.
Plaintiff has not dismissed all the unnamed Doe defendants, which are Does 2-50. (CRC 3.1800(a)(7).)
Plaintiff failed to submit a declaration under penalty of perjury with admissible evidence in support of amount of damages sought. (CRC 3.1800(a)(2).) Plaintiff’s submitted declaration is not signed under penalty of perjury, under the laws of the State of California, that her statements are true and correct. A penalty of perjury clause must be included above the signature block.
Furthermore, the medical records attached to the declaration are not authenticated, nor do they support the principal damage of $895,000. Plaintiff declares she incurred medical bills in the sum of $106,819.85, yet seeks $145,000 in the CIV-100. Plaintiff’s declaration also does not address general damages. It is unclear the amount of damages actually sought by Plaintiff. Plaintiff must clarify her damages, and provide admissible supporting evidence.
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 __________.