Judge: Michelle C. Kim, Case: 21STCV21365, Date: 2023-09-08 Tentative Ruling
Case Number: 21STCV21365 Hearing Date: September 8, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 09/08/2023 |
CASE NAME/NUMBER:
| 21STCV21365 CITY OF LOS ANGELES, ACTING BY AND THROUGH THE LOS ANGELES |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
|
|
RECOMMENDATION:
| GRANT in the following amounts: Principal damages: $12,562.68 Interest: $436.21 TOTAL: $12,998.89
|
TENTATIVE
Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed this action against Defendants Feliciano Ajvix Sequen (“Sequen”), Miriam Garay (“Garay”), and Does 1 to 20 for damages relating to damages caused by Sequen’s colliding with Plaintiff’s power pole. The vehicle Sequen was operating was owned by Garay. Plaintiff has dismissed Does 1-20
The Court previously reviewed and denied Plaintiff’s request for default judgment because (1) Plaintiff did not provide a copy of the Statement of Damages served upon Defendant Garay, and (2) Plaintiff submitted two separate JUD-100 forms instead of one single JUD-100 notating the judgment limitation on a vehicle owner’s liability. (Min. Order, March 30, 2023.)
Since then, on April 17, 2023, Plaintiff has submitted the copy of the Statement of Damages served upon Defendant Garay and filed one JUD-100 form. However, Plaintiff did not re-submit the supporting declarations and the CIV-100 form. The Court is generally not inclined to piecemeal together a complete default package for papers filed on different dates. Nevertheless, under these circumstances and in the interest of judicial economy, the Court will consider the CIV-100 and supporting declarations Plaintiff previously filed on January 19, 2023 as part of the default package submitted on April 17, 2023.
Pursuant to the evidence Plaintiff provided, Plaintiff repaired the damaged power pole for the total cost of $12,562.68. Plaintiff seeks principal damages in the amount of $12,562.68 and prejudgment interest in the amount of 436.21 against Defendants, jointly and severally, in which Defendant Garay’s liability is limited to $5,000 for property damage pursuant to Vehicle Code §17151(a), and the remainder is sought against Defendant Sequen.
The request for default judgment submitted on January 19, 2023/April 17, 2023 is GRANTED in the amount of $5,000 against Defendant Garay, and $7,998.89 against Defendant Sequen.
Plaintiff is ordered to give notice of this ruling.