TENTATIVE 

Plaintiff Gagik Aroutionian (“Plaintiff”) filed this action against defendants Arthur Muradyan (“Muradyan”), 310 Towing Inc. (“310 Towing”), and Does 1-20 for injuries arising from a motor vehicle incident on August 30, 2021. Plaintiff filed an amendment to complaint naming Verzhine Koroglyan (“Koroglyan”) as Doe 1.  

Plaintiff alleges that Muradyan was operating a motor vehicle within the course and scope of his employment with 310 Towing when he attempted to make a U-turn, and collided with Plaintiff’s vehicle. As a result of the impact, Plaintiff’s vehicle was pushed into a light pole.  

Plaintiff filed a request for dismissal of Koroglyan (Doe 1) and Does 2-20; dismissal was entered as to Does 1 to 20 on February 8, 2024.  

This is Plaintiff’s first request for default judgment. The request for default judgment submitted on February 7, 2024 is DENIED for the following reasons: 

First, Plaintiff requests default judgment against only Muradyan. Plaintiff must dismiss all other defendants against whom judgment is not sought or seek an application for separate judgment against specified parties. (CRC 3.1800(a)(7).) If Plaintiff is not seeking default against 310 Towing, then 310 Towing must be dismissed. Otherwise, Plaintiff must bring default judgment against both Muradyan and 310 Towing simultaneously.  

Second, for personal injury cases, Plaintiff must submit a copy of the Statement of Damages that was served on defendants against whom default is sought. (CRC 3.250(a)(20).) The Court is unable to locate the Statement of Damages that was served on Muradyan on November 11, 2021. If Plaintiff does not intend to dismiss 310 Towing, then Plaintiff must also file a copy of the Statement of Damages served on 310 Towing.  

Third, the Court notes that Plaintiff’s counsel submits a declaration attesting to Plaintiff’s damages. However, Plaintiff’s counsel was not involved in the accident, nor did counsel incur the medical expenses, to have the requisite knowledge to either attest to the damages or to authenticate the records. Plaintiff’s declaration must authenticate his own records. 

Lastly, Plaintiff requests default on outdated judicial council forms. On the renewed request, Plaintiff is requested to use CIV-100 [Rev. January 1, 2023] and JUD-100 [Rev. January 1, 2024].  

No later than_______, Plaintiff is to submit a new default judgment package correcting these defects.  Failure to do so may result in the imposition of sanctions, including monetary sanctions and/or dismissal. The OSC re entry of default judgment is continued to _______.