Judge: Michelle C. Kim, Case: 20STCV24245, Date: 2023-09-11 Tentative Ruling

Case Number: 20STCV24245    Hearing Date: January 19, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JOSE SANCHEZ, 

Plaintiff(s), 

vs. 

 

CECILIA TELLEZ, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV24245 

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO VACATE/SET ASIDE ENTRY OF DEFAULT 

 

Dept. 31 

1:30 p.m.  

January 19, 2024 

 

On June 26, 2020, Plaintiff Jose Sanchez (“Plaintiff”) filed this action against Defendants Cecelia Tellez (“Tellez”) and Issac Laureano (“Laureano”) (collectively, “Defendants”) for injuries Plaintiff sustained when he fell down a ladder on Defendant’s property while Plaintiff was trimming a palm tree. 

 

Default was entered on December 2, 2020. However, Plaintiff served Defendants with a new Statement of Damages via personal service on January 27, 2022. Plaintiff requests the Court set aside entry of default obtained on December 2, 2020 so that Plaintiff may file a new request for entry of default based on the most recently served Statement of Damages. 

 

The Court may set aside any void judgment or order at any time. (Code Civ. Proc., § 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) 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. (Code Civ. Proc., section 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].) A statement of damages is the functional equivalent to an amendment to a complaint that increases the amount of damages sought. (Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 759.) 

 

Because Plaintiff was unable to demonstrate that the Statement of Damages was properly served on Defendants prior to obtaining default on December 2, 2020, and Plaintiff subsequently served the Statement of Damages on January 27, 2022, the default is therefore rendered void. The motion to set aside the December 2, 2020 entry of default against Defendants is GRANTED.  

 

Moving party is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 18th day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court