Judge: Michelle C. Kim, Case: 22STCV16318, Date: 2024-05-31 Tentative Ruling

Case Number: 22STCV16318    Hearing Date: May 31, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

05/31/2024 

CASE NAME/NUMBER: 

 

22STCV16318 STATE FARM GENERAL INS. CO. vs MATT OWAINAT, et al.   

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

MATT OWAINAT 

RECOMMENDATION: 

 

GRANT in the following amounts: 

Principal damages: $97,002.91 

Interest: $13,187.40 

Costs: $544.85 

TOTAL: $110,735.16 

 

 

TENTATIVE 

 

Plaintiff State Farm General Ins. Co. (“Plaintiff”) filed this subrogation action against Matt Owainat (“Owainat”), Setai Kitchen & Bath, Inc., and Does 1 to 10 seeking $97,002.91 in benefits paid to its insured, Geraldine Freeman (“insured”). Plaintiff alleges that on May 21, 2019 at 545 Chestnut Ave., Long Beach, CA, 90802, Plaintiff’s insured hired defendants to perform work on the insured’s unit. As a result of defendants’ improper installation of a valve, water leaked and caused damage to Plaintiff’s insured and to multiple units.  

 

Dismissal was entered as to Setai Kitchen & Bath, Inc. on April 24, 2024, and as to Does 1 to 10 on May 3, 2024. Plaintiff seeks default judgment against remaining defendant Owainat in the principal amount of $97,002.91, $13,187.40 in interest, and $544.85 in costs. 

 

  1. Principal Damages 

 

In support thereof, Plaintiff’s insured declares that Plaintiff paid for her property damage to the extent covered under the policy. Plaintiff’s employee, Jenifer Ferrell, provides the applicable insurance policy which covered its insured’s claims, in which $97,002.91 was rendered to its insured for property loss. The request for the principal amount of $97,002.91 is granted. 

 

  1. Interest 

 

Plaintiff provides the interest calculation as required by Cal Rules of Ct 3.1800(a)(3). (Ferrell Decl; Exh. E.) The calculation is not in excess of 7% pursuant to Cal. Const. art XV, 1 and CC §3287(c). The interest sought in the amount of $13,187.40 is therefore granted.  

 

  1. Costs 

 

Lastly, the $544.85 sought for clerk’s filing fees, process server’s fees, and e-filing fees are granted as allowable costs. (CCP § 1033.5(a)(1) & (4).) 

 

 

  1. Conclusion 

 

Based on the foregoing, the application for default judgment filed on May 2, 2024 is GRANTED in the principal amount of $97,002.91, $13,187.40 in interest, and $544.85 in costs against Matt Owainat. 

 

Plaintiff is ordered to give notice.