Judge: Michelle C. Kim, Case: 20STCV14972, Date: 2023-04-17 Tentative Ruling

Case Number: 20STCV14972    Hearing Date: April 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

GABRIEL RIVAS,

                        Plaintiff(s),

            vs.

 

PAQUITO MATA, an individual, and Does 1-50 inclusive,

 

                        Defendant(s).

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      CASE NO: 20STCV14972

 

[TENTATIVE] ORDER GRANTING REQUEST FOR ENTRY OF DEFAULT

 

Dept. 31

8:30 a.m.

April 17, 2023

 

Gabriel Rivas (“Plaintiff”) files suit against Paquito Mata (“Defendant”) for injuries suffered from a vehicle collision that took place on or about May 20, 2018. (Complaint, p. 5). Default was entered on December 9, 2022. (See CIV-100, filed on Dec. 9, 2022). Plaintiff has filed proof of service of the summons, complaint, statement of damages, and related papers on Defendants. There is no pending motion to vacate default. Plaintiff provides a summary of the case via the Complaint filed on April 20, 2022, however there is no specific damages request in the Complaint that would match the most recent request for default. Plaintiff submitted a statement of damages, filled out the declaration of non-military status of Defendant, and has shown the defaulting Defendant is not a Doe. However, Plaintiff did not file a request for dismissal of Does per CRC3.1800(a)(7).

Plaintiff seeks default judgment in the total amount of at least $1,030,000.00, which includes $30,000.00 for special damages and $1,000,000 for general damages.

            At this time, the Court will deny the request for default because the Court does not have a request for dismissal of Does.

 

Plaintiff is ordered to give notice. 

 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.

 

Dated this 17th day of April, 2022

 

 

 

 

Hon. Michelle Kim

Judge of the Superior Court