Judge: Michelle C. Kim, Case: 21STCV46476, Date: 2023-09-07 Tentative Ruling
Case Number: 21STCV46476 Hearing Date: September 7, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 09/07/2023 |
CASE NAME/NUMBER:
| 21STCV46476 AMCO INSURANCE COMPANY, AN IOWA CORPORATION vs JORGE DAVID MORALES PEREA, ET AL. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| JORGE DAVID MORALES PEREA aka JORGE DAVID MORALES aka JORGE DAVID MORALESPEREA aka JORGEDAV MORALESPEREA aka GEORGE D. MORALES |
RECOMMENDATION:
| GRANT in the following amounts: Principal damages: $39,746.29 TOTAL: $39,746.29
|
TENTATIVE
The request for default judgment submitted on May 2, 2023 is GRANTED for the following reasons:
Plaintiff filed a complaint for damages in subrogation, in which Plaintiff seeks the principal amount of $39,746.29. Plaintiff also seeks costs in the amount of $573.22 and an accrued interest in the amount of $3,782.17. Plaintiff has properly dismissed all other parties in this action.
Plaintiff provides the declarations of Brandi Daniels (custodian of records), Chunzi Zhen (the insured), Dacheng Zen (vehicle operator), and Jay W. Smith (Plaintiff’s counsel) in support.
The declaration of Plaintiff’s custodian of records, Brandi Daniels provides supporting evidence that Plaintiff paid $13,476.29 for property damage, and paid $25,000 for the uninsured motorist bodily injuries. Prior to commencement of the action, Plaintiff’s insured (Chunzi Zhen) assigned his out-of-pocket deductible expenses in the sum of $1,000 to Plaintiff for collection purposes. Accordingly, Plaintiff seeks damages in the principal sum of $39,746.29, in accordance with amount sought in Plaintiff’s Complaint. Plaintiff submits sufficient evidence for the Court to award $39,746.29 in damages for subrogation arising out of property damage and uninsured motorist bodily injuries.
Plaintiff also seeks interest. In support thereof, Plaintiff submits the declaration of its counsel. However, declarations in support of damages must be by a percipient witness with personal knowledge or an authorized custodian. As counsel for Plaintiff, counsel does not meet the requirements of an authorized custodian or a percipient witness. Furthermore, the custodian of records’ declaration does not address costs or provide any supporting documents in the amount of $573.22. Therefore, the Court will grant the default without interest and costs.
The application for default filed on May 2, 2023 is GRANTED in the total amount of $39,746.29 against Defendant Jorge David Morales Perea AKA Jorge David Morales AKA Jorge David Moralesperea AKA Jorgedav Moralesperea AKA George D. Morales.
Plaintiff is ordered to give notice of this ruling.¿¿