Judge: Michelle C. Kim, Case: 20STCV28471, Date: 2023-10-02 Tentative Ruling
Case Number: 20STCV28471 Hearing Date: April 15, 2024 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 04/15/2024 |
CASE NAME/NUMBER:
| 20STCV28471 CENTURY NATIONAL INSURANCE COMPANY vs JONATHAN J RIOS, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
|
|
RECOMMENDATION:
| GRANT in the following amounts: Principal damages: $33,657.74 Costs: $533.00 TOTAL: $34,190.74
|
TENTATIVE
Plaintiff seeks reimbursement for the amount it paid for its insured’s damages in the principal amount of $33,657.74 in this subrogation claim against Defendants Jonathan J. Rios (“Rios”) and Maria Luisa Rios Selva (“Selva”). Plaintiff also seeks costs in the amount of $533 for clerk’s filing fees and process server’s fees.
Plaintiff submits the declaration of its custodian of records declaring payments of $5,357.57 in property damage, and $30,000 paid to its insureds Miguel Anaya, Michelle Estrada, and Anthony Estrada pursuant to the uninsured motorist claim. Miguel Anaya was the driver of the other vehicle, and Michelle Estrada and Anthony Estrada were passengers.
Pursuant to Veh. Code §17151(a), the liability of an owner of a vehicle is limited to $15,000 for death or injury to one person, and $30,000 for the death/injury to more than one person in any one accident. Further, property damage is limited to $5,000 in any one accident. Here, Plaintiff paid for the injuries of multiple persons arising from the same automobile collision, and thus the cap for injury against Selva as the owner of the vehicle is $30,000.
Plaintiff properly seeks principal damages within the limit set forth in the statement of damages served on defendants in the amount of $33,657.74.
Therefore, the application for default judgment filed on February 7, 2024 is GRANTED in the principal amount of $33,657.74, and $533.00 in costs, against Jonathan J. Rios and Maria Luisa Rios Selva, jointly and severally.
Plaintiff is ordered to give notice of this ruling.