TENTATIVE 

Plaintiff Interinsurance Exchange of The Automobile Club (“Plaintiff”) filed this subrogation action against defendants Gilbert Oscar Munoz, Bonnie Maureen Munoz and Does 1 through 10 for damages Plaintiff paid to its insured, arising from a motor vehicle collision. Plaintiff alleges that prior to commencing the action, it had paid to its insured the sum of $38,348.27.  

Plaintiff has dismissed defendants Bonnie Maureen Munoz and Does 1 to 10. Plaintiff now seeks court default judgment against the sole remaining defendant, Gilbert Oscar Munoz (“Defendant”), the principal amount of $38,348.27 for uninsured motorist benefits paid/property damage, $4,758.34 in interest, and $575 in costs. Plaintiff submits the declarations of its counsel, its insured, and its custodian of records in support thereof.  

The request for default judgment submitted on February 16, 2024 is DENIED for the following reasons: 

Plaintiff submits the declaration of Dwight Clifford (“Clifford”) Clifford provides that he is the custodian of records and subrogation examiner for State Farm Mutual Automobile Insurance Company (“State Farm”), which he refers to as the “Plaintiff” in this action. However, the plaintiff in this action is Interinsurance Exchange of The Automobile Club, not State Farm. There is no explanation provided regarding the relationship between State Farm and Plaintiff, such that Clifford’s declaration attesting to the damages incurred by State Farm would be applicable to Plaintiff.  

Further, the Court notes the complaint provides that Plaintiff’s insured was George Sansan, who was the owner of the motor vehicle and under which a policy was issued by Plaintiff to insured George Sansan and occupants. (Compl. at ¶ 4.) However, Plaintiff submits the declaration of Jocelyn Perez Sasan, who declares she was driving her vehicle, when Defendant rear-ended her. The declaration does not properly explain the relationship between Jocelyn Perez Sasan, George Sansan alleged in the complaint, and the relevant insurance policy.  

Plaintiff must resolve the discrepancies before the Court is able to grant the request for default judgment.  

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 _________.