TENTATIVE 

Plaintiff Raquel Landeros (“Plaintiff”) filed this action against Defendants Thurman David Heaberlin (“Heaberlin”), Perry Anthony Duplessis (“Duplessis”) and Does 1-50 for injuries relating to motor vehicle vs. pedestrian accident. Plaintiff dismissed all Doe Defendants, and only Heaberlin and Duplessis (collectively, “Defendants”) remain.  

On July 6, 2021, Plaintiff obtained Heaberlin’s default, and on October 25, 2022, Plaintiff 

obtained Duplessis’s default. Plaintiff seeks default judgment against Heaberlin and Duplessis. Plaintiff now seeks $25,349.57 in special damages, $10,000 in general damages, and $530 in costs against both Defendants.  

This is Plaintiff’s fifth default judgment request. The request for default judgment submitted on October 4, 2023 is DENIED for the following reasons: 

Plaintiff seeks damages from Duplessis as the vehicle owner, and cites generally to the limitation of Vehicle Code 17151(a) without actually stating the amount Plaintiff seeks against Duplessis. Vehicle Code 17151(a) provides that a vehicle owner’s liability is capped at $15,000 for the death of or injury to one person in any one accident. Now that Plaintiff has identified the basis of liability against Duplessis, Plaintiff must specify the amount sought against him – whether it be $15,000, or any lesser value within the statutory cap.  

To clarify this, the amount sought against Duplessis must also be notated on JUD-100, Item 7, specifying the monetary amount within the cap of Vehicle Code section 17151(a). The remainder may be sought against Heaberlin as the driver of the vehicle.  

Lastly, the statement of damages operates as the cap on Plaintiff’s damages. The Court notes that the statement of damages filed on October 4, 2023 increased the amount of special damages sought against Defendants from that which was previously served. The service of any material change to the statement of damages operates functionally as an amendment to complaint. Because the statement of damages must be served on Defendants prior to obtaining their default, this would ordinarily automatically void the previously obtained defaults. 

However, the Court notes the amended statement of damages were improperly served on its face. Therefore, the Court will not void the defaults at this time. The October 4, 2023 statement of damages indicates service by mailing, and checkmarks “substituted service” without any actual service in this manner. Personal service is required for the Statement of Damages, including any amendments increasing damage demands. (Plotitsa v. Superior Ct. (1983) 140 Cal. App. 3d 755, 760.) After reasonable diligence effecting personal service is not successful, then a plaintiff has the same protection as with service of summons on original complaints under sections 415.20 and 415.50 provide for substituted service and service by publication. (Id. at 761.) 

Thus, the valid statement of damages were the ones Plaintiff personally served Duplessis with on April 16, 2022, and on Heaberlin through substituted service on February 12, 2020 at the time of the service of the summons and complaint after the exercise of reasonable diligence. Thus, Plaintiff seeking special damages in the amount of $25,349.57 is in excess of the capped amount of $18,865. 

If Plaintiff seeks to obtain more by way of an amended statement of damages, then Plaintiff must properly serve the amended statement of damages and obtain new entry of default thereafter, since any amendment will void the default previously obtained.  

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 ________________. 

Lastly, because this is the fifth time Plaintiff has submitted a defective request for default judgment, Plaintiff has failed to show cause why sanctions should not be imposed for failure to prosecute. Accordingly, the Court hereby imposes monetary sanctions of $250 payable within 30 days.