Judge: Peter A. Hernandez, Case: 22PSCV01983, Date: 2023-08-03 Tentative Ruling

Case Number: 22PSCV01983    Hearing Date: August 3, 2023    Dept: K

Plaintiff Interinsurance Exchange of the Automobile Club’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) seeks subrogation against Defendant Gabriel Juma Oduor (“Defendant”) for damages its insured, Bobby Butler, sustained in an April 7, 2021 motor vehicle accident.

On November 22, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for:

1.                  Subrogation

On March 2, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for August 3, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted: The Declaration of Robert McNaughton (“McNaughton”) references Exhibits “G” and “H;” however, it does not appear that such exhibits were attached. Additionally, McNaughton attests that Exhibit “F” is comprised of “salvage documents;” however, the Exhibit “F” attached is entitled “Vehicle Registration Inquiry Report.” It is unclear to the court whether the foregoing report constitutes “salvage documents.”