Judge: Michelle C. Kim, Case: 22STCV30455, Date: 2024-03-05 Tentative Ruling

Case Number: 22STCV30455    Hearing Date: March 5, 2024    Dept: 31

DEPT:  

 

31 

OSC DATE: 

 

03/05/2024 

CASE NAME/NUMBER: 

 

22STCV30455 COUNTY OF LOS ANGELES vs ISIAH JEROME JOHNSON 

REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]: 

 

ISIAH JEROME JOHNSON 

RECOMMENDATION: 

 

GRANT in the following amounts: 

 

Principal damages: $233,299.90 

Costs: $1,081.00 

 

TOTAL: $234,380.90 

 

 

TENTATIVE 

 

Plaintiff County of Los Angeles (“Plaintiff”) filed this subrogation action against defendants Isiah Jerome Johnson (“Defendant”) 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. The First Amended Complaint (FAC) provides that Plaintiff seeks $250,000 in compensatory damages.  

 

Plaintiff’s application seeks $250,000 in damages based on the amount pled in the FAC, while the amount declared and evidenced by its administrator’s seeks reimbursement of a lesser value. The Court will only consider the amount supported by the evidence.  

 

Plaintiff submits the declaration of its authorized representative Richard Alcantar (“Alcantar”), whose duties relate to the evaluation and administration of workers compensation claims submitted by Plaintiff’s employees. 

 

Alcantar declares Defendant was operating the motor vehicle that rear-ended Plaintiff’s employee, and that Defendant was determined to be at fault for the collision. As a result of the collision, Plaintiff paid workers compensation benefits in the amount of $233,299.90 to its employee, which is comprised of $113,786.58 in medical benefits, and $100,870.46 in temporary disability and salary continuation benefits, and $81,642.86 in permanent disability benefits. Plaintiff has provided sufficient evidence in support of the benefits it had actually paid.  

 

Lastly, Plaintiff seeks costs in the amount of $1,081 for clerk’s filing fees and process server’s fees (with $435 of the filing fees to be remitted to the Court). The costs are granted. (CCP § 1033.5 (a).)  

 

Based on the foregoing, the application for default judgment filed on January 25, 2024 is GRANTED in the principal amount of $233,299.90, and $1,081 in costs, against defendant Isiah Jerome Johnson. 

 

Plaintiff is ordered to give notice.