Judge: Michelle C. Kim, Case: 20STCV46385, Date: 2023-10-11 Tentative Ruling
Case Number: 20STCV46385 Hearing Date: February 29, 2024 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 02/29/2024 |
CASE NAME/NUMBER:
| 20STCV46385 TECHNOLOGY INSURANCE COMPANY, A CORPORATION vs ASHLEY SHANA WILLIAMS, ET AL. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| ASHLEY SHANA WILLIAMS |
RECOMMENDATION:
| GRANT in the following amounts:
Principal damages: $109,315.33 Interest: $7,232.78 Costs: $444.24
TOTAL: $116,922.35
|
TENTATIVE
Plaintiff filed this subrogation action against defendant Ashley Shana Williams (“Defendant”) to be reimbursed the amount Plaintiff paid for its insured’s damages in the principal amount of $109,315.33, which represents the amount alleged in the complaint for $110,215.33 less the $900 paid by Defendant. Plaintiff also seeks costs in the amount of $444.24 and prejudgment interest of $7,232.78. Plaintiff has properly dismissed all other parties in this action aside from Defendant.
Plaintiff submits the declaration of its custodian of records and Subrogation Examiner Priscila Stimpson in support thereof. Plaintiff properly authenticates the records, and the amount sought in principal damages is supported by the evidence. The principal amount requested is granted.
Plaintiff’s counsel submits a declaration in support of pre-judgment interest, and includes a computation attachment. The Second Amended Complaint (“SAC”) includes a prayer for interest. Plaintiff’s counsel provides a calculation for 7% interest on the amount of $109,315.33 from the filing of the SAC to February 8, 2024. Because the interest is based upon a principal amount that is capable of being made certain, and the requested interest is within 7% pursuant to Cal. Const. art XV, 1 and CC §3287(c), the amount requested is granted.
Lastly, Plaintiff seeks $444.24 for clerk’s filing fees, process server’s fees, and certified mail. The amount is granted. (CCP § 1033.5.)
Based on the foregoing, the application for default judgment filed on February 8, 2024 is GRANTED in the principal amount of $109,315.33, $7,232.78 in prejudgment interest, and $444.24 in costs, against defendant Ashley Shana Williams.
Plaintiff is ordered to give notice of this ruling.¿