TENTATIVE 

Plaintiff California Automobile Insurance Company (“Plaintiff”) filed this subrogation action against defendants Godwin Orkeh (“Defendant”) and Does 1 through 20 for damages arising from a motor vehicle collision with Plaintiff’s insured, William Martinez (“Martinez”). As a result of the motor vehicle incident, Plaintiff paid $4,798.89 in property damages and $55,000 in uninsured motorist coverage payments to its insured. Plaintiff therefore prays for damages in the sum of $59,798.89. 

Plaintiff has properly dismissed Does 1 through 20. Plaintiff seeks $60,298.89 in principal damages (JUD-100), and $523.10 in costs for clerk’s filing fees and process server’s fees against Defendant. 

In support of the benefits Plaintiff had paid to its insured, Plaintiff furnishes the declaration of its custodian of the company file, Ingrid Perez (“Perez”). Perez provides that Plaintiff paid $5,182.89 in property damage and $55,000 for Martinez’s uninsured motorist claim for injuries, amounting to $60,298.89 in damages.  

However, the amount sought cannot exceed the amount pled in the operative complaint/cross-complaint or as set forth in the statement of damages. (Code Civ. Proc., § 580(a); Airs Aromatics, LLC v. CBL Data Recovery Technologies, Inc. (2018) 23 Cal.App.5th 1013, 1018.) Plaintiff is therefore limited to the $4,798.89 in property damages and $55,000 in uninsured motorist coverage payments pled in the complaint.  

Therefore, the application for default judgment filed on April 28, 2024 is GRANTED in the principal amount of $59,798.89, and $523.10 in costs, against Godwin Orkeh. 

Plaintiff is ordered to give notice.