TENTATIVE 

Plaintiff Joselyn Espinoza (“Plaintiff”) filed this action against Carlos Pizza Food Services, Inc. dba Carlos Pizza House (“CPH”), Marian De Jesus (“Marian”), and Does 1-100 for injuries arising from assault and battery. Plaintiff alleges that on May 14, 2021, she was ordering food when CPH’s employee, defendant Marian, attacked Plaintiff. Plaintiff alleges Marian’s assault was within the course and scope of Marian’s employment with CPH. Plaintiff sets forth against all defendants six causes of action for: (1) assault, (2) battery, (3) premises liability, (4) negligence, (5) negligent supervision, and (6) intentional infliction of emotional distress.  

Plaintiff filed a request for dismissal of defendant Marian, and dismissal was entered on February 14, 2024. Plaintiff seeks default judgment against CPH only.  

This is Plaintiff’s first request for default judgment. The request submitted on November 21, 2023 (CIV-100)/December 18, 2023 (JUD-100) is DENIED for the following reasons: 

First, Plaintiff must submit a CIV-100 check marking a request for “Court Judgment” at the top of the judicial form. The Court also notes that Plaintiff did not file a request for court judgment as it relates to the proposed judgment filed on December 18, 2023; rather, the separately filed November 21, 2023 CIV-100 pertains to entry of judgment against CPH. 

Second, Plaintiff fails to submit his own declaration regarding her damages. A defaulting defendant admits only the well pled facts concerning liability, not damages; a plaintiff must still introduce admissible prima facie evidence of damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) As counsel for Plaintiff, counsel did not personally incur damages arising from the incident to attest to Plaintiff’s damages. Plaintiff herself must substantiate her damages that she “suffered damages in excess of $85,000” with authenticated records. For example, if Plaintiff incurred medical specials in the amount of $10,000, then she must provide all medical bills evidencing this amount. There are no authenticated records evincing any of the alleged damages, nor is there any declaration or evidence from Plaintiff to support general damages. The Court will not grant unsupported and conjectural amounts.   

Third, for personal injury cases, Plaintiff must submit a copy of the Statement of Damages served on Defendant. (CRC 3.250(a)(20).) The Court is unable to locate a copy of the Statement of Damages that was personally served on CPH on September 6, 2023.  

Fourth, Plaintiff has not yet dismissed Does 1-100. Dismissal of all other parties against whom judgment is not sought, including all unnamed Doe defendants, is mandatory. (CRC 3.1800(a)(7).) 

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 _______________.