Judge: Peter A. Hernandez, Case: 21STCV41191, Date: 2024-03-26 Tentative Ruling

Case Number: 21STCV41191    Hearing Date: March 26, 2024    Dept: K

Plaintiff Alexander Verduzco’s and Carina Gomez’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiffs Alexander Verduzco and Carina Gomez (together, “Plaintiffs”) allege as follows: On September 17, 2021, Plaintiffs’ vehicle was parked on the main street in front of their home in La Puente and struck by another vehicle.

On November 9, 2021, Plaintiffs filed a complaint, asserting causes of action against Helen Reyes (“H. Reyes”), Felix Berto Reyes (“F. Reyes”) and Does 1-10 for:

1.                  Motor Vehicle

2.                  General Negligence

On March 16, 2022, H. Reyes’ default was entered. On October 28, 2022, F. Reyes’ default was entered.

On June 14, 2023, the case was ordered transferred from Department 29 of the personal injury courts to the instant department.

An Order to Show Cause Re: Default Judgment is set for March 26, 2024.

Discussion

Plaintiffs’ application for default judgment is denied without prejudice. The following defects are noted:

1.                  Plaintiffs have utilized an outdated Judicial Council Form CIV-100 [Rev. January 1, 2020]. Any further submission must be made on the most current version of Judicial Council Form CIV-100 (i.e. [Rev. January 1, 2023]).

2.                  Plaintiffs’ request for attorney’s fees appears improper. First, Plaintiffs are self-

represented. It is unclear what “LDA” means. Plaintiffs have not provided the court with any authority entitling them to attorney’s fees under such circumstances. Second, Plaintiffs have failed to articulate a statutory or contractual basis for attorney’s fees. (Code Civ. Proc., § 1021). Third, Plaintiffs have not requested attorney’s fees in their complaint: “The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint. . .” (Code Civ. Proc., § 580, subd. (a).)

3.                  Plaintiffs’ request for interest likewise appears improper, inasmuch as they have not requested same in the complaint.

4.                  Plaintiffs request $64,608.00 in Paragraph 2.a. of Judicial Council Form CIV-100;

however, Plaintiffs have not set forth any monetary amounts in the complaint: “[T]he language of section 580 does not extinguish between the type and the amount of relief sought. The plain meaning of the prohibition against relief ‘exceed(ing)’ that demanded in the complaint encompasses both of these considerations.” (Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, 493-494).

5.                  Paragraph 7 of Plaintiffs’ proposed judgment reads as follows: “The calculation of the interest rate and itemization of the property damage is attached hereto as MC-030 along with the Exhibit “A.” There are no additional pages attached to the proposed judgment, however. It appears Plaintiffs desire to have their declaration attached to the proposed judgment, which is improper.

6.                  Plaintiffs’ declaration is deficient. It is not made on personal knowledge and fails to provide the court with any factual information other than the date of loss and a calculation of damages. Plaintiffs attach numerous documents to their declaration without authenticating same and explaining what relevance they have. It is unclear to the court whether Plaintiffs’ vehicle was declared a total loss or if they were able to have it repaired. Plaintiffs seek $10,850.55 in car repairs yet also appear to seek to recoup the $31,990.00 purchase price of the vehicle, PLUS Plaintiffs’ $13,000.00 down payment made at the time of purchase of the vehicle, PLUS the $2,215.00 “JM&A MAINTENANCE” fee listed in Paragraph 1(I)(1) in the Retail Installment Sales Contract and the $2,995.00 “JM&A SERV” fee listed in Paragraph 1(I)(2) of same. These last three amounts comprise part of the $31,990.00 purchase price of the vehicle and are not additional to the purchase price. Plaintiffs do not provide the court with any Bluebook or other comparable valuation of the vehicle at the time of the accident.