Judge: Michelle C. Kim, Case: 22STCV27840, Date: 2024-03-05 Tentative Ruling
Case Number: 22STCV27840 Hearing Date: March 5, 2024 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 03/05/2024 |
CASE NAME/NUMBER:
| 22STCV27840 COUNTY OF LOS ANGELES vs ROBERT MURO, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
|
|
RECOMMENDATION:
| GRANT in the following amounts:
Principal damages: $190,953.84 ($15,000 against Cristina Reyes Muro aka Cristina Muro Reyes, remainder to be sought against Robert Muro)
Costs: $617.00
TOTAL: $191,570.84
|
TENTATIVE
Plaintiff County of Los Angeles (“Plaintiff”) filed this subrogation action against defendants Robert Muro (“Muro”), Cristina Reyes Muro aka Cristina Muro Reyes (“Reyes”), and Does 1 to 10 for workers compensation benefits paid to Plaintiff’s employee for damages arising from an automobile incident. Plaintiff has dismissed all unnamed Doe defendants.
Plaintiff seeks $190,953.84 in special damages and $617 in costs against Muro and Reyes.
Plaintiff submits the declaration of its authorized representative Audelio Camacho (“Camacho”), whose duties relate to the evaluation and administration of workers compensation claims submitted by Plaintiff’s employees.
Camacho declares defendant Muro was operating the motor vehicle that rear-ended Plaintiff’s employee, and that Reyes owned the vehicle operated by Muro. Camacho provides a copy of the Department of Motor Vehicles Registration Information in support thereof. Camacho asserts that Plaintiff paid workers compensation benefits in the amount of $190,953.84 to its employee arising from the incident, which is comprised of $44,271.98 in medical benefits, and $146,681.86 in temporary and permanent disability. Plaintiff has provided sufficient evidence in support of the benefits it had paid.
However, pursuant to Cal. Veh. Code § 17151, the liability of the owner of the vehicle is limited to $15,000 for injury to one person. Therefore, the amount sought is granted, but with the amount against Reyes statutorily capped at $15,000. The remainder may be sought against Muro.
Lastly, Plaintiff seeks costs in the amount of $617 for clerk’s filing fees and process server’s fees. The costs are granted. (CCP § 1033.5 (a).)
Based on the foregoing, the application for default judgment filed on February 26, 2024 is GRANTED in the principal amount of $190,953.84, and $617 in costs, against defendants Robert Muro and Cristina Reyes Muro aka Cristina Muro Reyes, to be apportioned as follows:
$15,000.00 in principal damages against Cristina Reyes Muro aka Cristina Muro Reyes pursuant to Veh. Code. §17151(a); and
The remaining principal amount of $175,953.84 against Robert Muro.
The costs of $617 are granted against both Defendants, jointly and severally.
Plaintiff is ordered to give notice.