TENTATIVE 

Plaintiff seeks default judgment against Defendant Habitat for Humanity of Greater Los Angeles (“Defendant”) for $26,045.46 in special damages, and $1 million in general damages. Additionally, Plaintiff seeks costs in the amount of $742.68.  

The request for default judgment submitted on May 31, 2023 (CIV-100)/July 17, 2023 (JUD-100; Declarations) is DENIED for the following reasons: 

Plaintiff alleges he stepped on a tack on the floor in Defendant’s store, which caused injury and pain to his left foot. The exhibits attached to Plaintiff’s declaration are unauthenticated. The Court finds the evidence submitted does not support the judgment sought for the alleged injury sustained and with the lack of supporting admissible evidence.  

A defaulting defendant admits only the well pled facts concerning liability, not damages. Plaintiff must still introduce admissible prima facie evidence of damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) 

Further, Plaintiff must dismiss all other parties against whom default judgment is not sought, including all unnamed Doe Defendants. (CRC 3.1800(a)(6).) 

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 ______________.