TENTATIVE 

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed this subrogation action against Jose Amilcar Cumi Punche (“Defendant”) and Does 1 through 10 for damages arising from an automobile collision between Defendant and Plaintiff’s insured, William Soto (“insured”). Plaintiff alleges that, as a result of the collision, Plaintiff paid property and injury damages to its insured in the amount of $28,500.00, and prays for interest. Does 1 to 10 have been dismissed from the action. 

On default judgment, Plaintiff seeks $28,500.00 in principal damages, $4,667.75 in prejudgment interest at a rate of 7% per diem from November 16, 2021, and $588.84 in costs for clerk’s filing fees and process server’s fees against Defendant.  

In support thereof, Plaintiff properly provides the declaration of its counsel attesting to the calculation of the interest accrual. (Cal Rules of Ct 3.1800(a)(3); Cal. Const. art XV, 1; CC §3287(c)). Plaintiff further furnishes the declaration of its insured regarding the incident, and the declaration of its custodian of records Kent Neading with supporting evidence as to the damages paid to its insured.  

Therefore, the application for default judgment filed on March 20, 2024 is GRANTED in the principal amount of $28,500.00, $4,667.75 in prejudgment interest, and $588.84 in costs, against Jose Amilcar Cumi Punche. 

Plaintiff is ordered to give notice.