Judge: Michelle C. Kim, Case: 22STCV09232, Date: 2023-12-07 Tentative Ruling

Case Number: 22STCV09232    Hearing Date: March 29, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

3/29/2024 

CASE NAME/NUMBER: 

 

22STCV09232 UNITED FINANCIAL CASUALTY COMPANY vs MAURO FARIAS, et al. 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

  1. MAURO FARIAS 

  1. ROSALBA FARIAS 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $55,385.64 

Costs: $553.00 

TOTAL: $55,939.14 

 

 

TENTATIVE 

 

Plaintiff seeks reimbursement for the amount it paid for its insured’s damages in the principal amount of $55,385.64 in this subrogation claim against Defendants Mauro Farias (“Mauro”) and Rosalba Farias (“Rosalba”) (collectively, “Defendants”). Plaintiff also seeks costs in the amount of $553 

 

Plaintiff submits the declaration of its custodian of records, Kelli Znidarsic (“Znidarsic”). Znidarsic declares, with evidence, that Plaintiff paid property damages in the amount of $5,385.64, and that Plaintiff paid uninsured motorist benefits to its insured in the amount of $50,000 for bodily injuries.  

 

Cal. Veh. Code § 17151 provides the liability of the owner is limited to $15,000 for the injury to one person in any one accident, and limited to the amount $5,000 for damage to property of others in any one accident. Plaintiff seeks the principal amount of $20,000 against Rosalba, as the owner of the vehicle, for property damage and injury. The amount sought is within the statutory limits of section 17151, and therefore granted.  

 

The remainder of $35,385.64 in principal damages is sought against Mauro as the driver of the vehicle. The request is granted.  

 

Based on the foregoing, the application for default judgment filed on March 25, 2024 is GRANTED in the principal amount of $55,385.64, and $553 in costs, against defendants Mauro Farias and Rosalba Farias, to be apportioned as follows:¿¿ 

 

  1. $20,000.00 in principal damages against Rosalba Farias pursuant to Veh. Code. §17151(a); and¿ 

  1. The remaining principal amount of $35,385.64 against Mauro Farias.¿¿ 

 

The costs amounting to a total of $553 for clerk’s filing fees and process server fees are granted against Defendants, jointly and severally.¿¿ 

 

Plaintiff is ordered to give notice.