Judge: Michelle C. Kim, Case: 21STCV18532, Date: 2023-08-11 Tentative Ruling



Case Number: 21STCV18532    Hearing Date: August 11, 2023    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

08/11/2023 

CASE NAME/NUMBER: 

 

21STCV18532 MERCURY INSURANCE COMPANY vs ARSENIO AVALOS 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

ARSENIO AVALOS 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $45,573.28 

TOTAL: $45,573.28 

 

 

TENTATIVE 

 

The request for default judgment submitted on June 20, 2023 is GRANTED for the following reasons: 

 

Plaintiff seeks reimbursement for the amount it paid for its insured’s property damage in the principal amount of $45,573.28 in this subrogation claim. Plaintiff also seeks costs in the amount of $534. Plaintiff has properly dismissed all other parties in this action aside from Arsenio Avalos 

 

Plaintiff provides the declaration of its custodian of records Angela Hernandez and supporting evidence that Plaintiff paid $77,312.28 for property damage and towing, and recovered $26,839 in salvage, for a total net loss of $50,473.28. Plaintiff seeks principal damages in the amount of $45,573.28, in accordance with the Statement of Damages served to Defendant Arsenio Avalos prior to entry of default. Plaintiff submits sufficient evidence for the Court to award $45,573.28 in damages for subrogation arising out of property damage 

 

However, Plaintiff does not provide any itemization or supporting evidence of what the $534 in costs is comprised of for the Court to determine recoverability. Therefore, the Court will grant the default judgment without costs.  

 

The application for default judgment filed on June 20, 2023 is GRANTED in the total amount of $45,573.28 against defendant Arsenio Avalos 

 

¿Plaintiff is ordered to give notice of this ruling.¿