TENTATIVE 

Plaintiff Oscar Leclerc (“Plaintiff”) filed this action against Defendant Andrew Jay Hookey (“Defendant”) for assault and battery, alleging that Defendant physically assaulted Plaintiff on two separate occasions on December 21, 2021. Plaintiff sets forth five causes of action for negligence, assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress, and intentional tort.  

This is Plaintiff’s first request for default judgment. The request for default judgment submitted on December 5, 2023 is DENIED for the following reasons: 

First, Plaintiff utilizes an outdated CIV-100 [Rev. January 1, 2018]. Plaintiff must use CIV-100 [Rev. January 1, 2023].  

Second, the Court is unable to locate a copy of the Statement of Damages purportedly served on February 22, 2022. For personal injury cases, Plaintiff must submit a copy of the Statement of Damages served on Defendant. (CRC 3.250(a)(20).) 

Third, Plaintiff seeks $450,000 in punitive damages. However, to recover punitive damages, Plaintiff must prove up Defendant’s net worth. (Adams v. Murakami (1991) 54 Cal.3d 105, 110-12; see also Cummings Medical Corp v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291 [some measure of the effect of a punitive damages award in terms of deterrence is required before punitive damages may be awarded in a default judgment].) A court may not award punitive damages in a default judgment setting when the plaintiff fails to present any evidence of a defendant's financial condition, net worth, and ability to pay. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal. App.3d 381, 384; Lara v. Cadag (1993) 13 Cal.App.4th 1061,1064-65.) 

Lastly, JUD-100 was revised after Plaintiff submitted the request for default judgment. Because a new default package must be filed, Plaintiff must use JUD-100 [Rev. January 1, 2024] on the next request instead of JUD-100 [New January 1, 2002].  

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 __________.