TENTATIVE 

Plaintiff Oak River Insurance Company (“Plaintiff”) filed this subrogation action against defendants Andrew Casian (“Andrew”), Ruben O. Casian (“Ruben”), and Does 1 to 25 for damages Plaintiff paid on behalf of its insured, Mario Velasquez (“insured”), for workers’ compensation benefits, in the amount of $37,770.66. Plaintiff alleges Andrew, a minor at the time, assaulted and battered Plaintiff’s insured while its insured was acting in the scope and course of his employment. Plaintiff further alleges liability against the parent/guardian of Andrew pursuant to CCP § 1714.1. All unnamed Doe defendants have been dismissed. 

Plaintiff seeks court judgment against Andrew in the principal sum of $107,537.28, and judgment against Ruben in the amount of $25,000. 

Here, Plaintiff provides the declaration of its senior subrogation paralegal, Brandon Weisman, who declares that it paid $110,411.48 in workers’ compensation benefits to its insured. Plaintiff provides evidence in support thereof.  

The Court notes that CCP § 1714.1 provides that the parent or guardian having custody or control of the minor shall be jointly and severally liable with the minor for any damages resulting from willful misconduct, to not exceed $25,000 for injury to a person. CCP § 1714.1 is intended to limit the amount against the parent/guardian of the minor to a maximum of $25,000 of the share of damage actually incurred, rather than providing a free additional sum to claim. Collectively, the amount sought between Andrew ($107,537.28) and Ruben ($25,000) exceeds the damages paid by Plaintiff to its insured. The Court therefore will reduce the amount accordingly.  

The application for default judgment filed on November 1, 2023 is GRANTED in the principal amount of $110,411.48, to be apportioned as follows: (1) $25,000 against Andrew Casian and Ruben O. Casian, jointly and severally, and (2) the remainder of $85,411.48 against Andrew Casian.¿ 

Plaintiff is ordered to give notice of this ruling.