TENTATIVE 

Plaintiff Wawanesa General Insurance Company (“Plaintiff”) filed this subrogation action against defendants Ana Pacifuente (“Pacifuente”), Elton Rivera (“Rivera”), and Does 1 to 20 for damages Plaintiff paid to its insured, Emiliano Garcia (“insured” or “Garcia”), arising from an automobile collision. Does 1 to 20 have been dismissed from the action. 

Plaintiff seeks $36,681.03 against Pacifuente and Rivera, which is comprised of $32,078.03 in property damage, $4,000 in uninsured motorist payments rendered to its insured, and $603 in costs for clerks filing fees and process server’s fees.  

Plaintiff provides the declaration of its custodian of records, Cathryn Davis (“Davis”), in support thereof. Davis provides that the driver of the vehicle was Rivera, and that Pacifuente was the owner of the vehicle driven.  

Pursuant to Cal. Veh. Code § 17151(a), liability of the owner of the vehicle is limited to $15,000 for injury to one person in any one accident, and $5,000 for property damage. Consequently, Pacifuente may be held responsible for only up to $5,000 of the $32,078.03 in property damage, and either all or a portion of the $4,000 in bodily injury payments rendered to Plaintiff’s insured.  

Thus, unless Plaintiff seeks to apportion the damages between Pacifuente and Rivera in a different manner (and within the limits of section 17151(a)), the request for default judgment submitted on March 27, 2024 is GRANTED as follows: (1) $9,000 against Pacifuente pursuant to Cal. Veh. Code § 17151(a); and (2) the remaining amount of $27,681.03 against Rivera.  

Plaintiff is ordered to give notice.