Judge: Peter A. Hernandez, Case: 23PSCV00785, Date: 2024-05-30 Tentative Ruling

Case Number: 23PSCV00785    Hearing Date: May 30, 2024    Dept: K

Plaintiff Continental Casualty Company’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Continental Casualty Company (“Plaintiff”) alleges as follows:

On May 5, 2020, William Kellenberg (“Kellenberg”) was a guest at Springhill Suites by Marriot (“Hotel”) in Arcadia, which is owned by Plaintiff’s insured. Kellenberg caused a fire as a result of smoking in bed and leaving a candle unattended, which caused extensive damage to the Hotel.

On March 16, 2023, Plaintiff filed a complaint, asserting a cause of action against Kellenberg and Does 1-10 for:

1.                  General Negligence

On May 9, 2024, Kellenberg’s default was entered.

An Order to Show Cause Re: Default Judgment is set for May 30, 2024.

Discussion

Plaintiffs’ Application for Default Judgment is denied without prejudice. The following defects are noted:

1.                  Plaintiff has failed to provide the court with a summary of the case, as per California Rules of Court (“CRC”) rule 3.1800, subdivision (a)(1).

2.                  Plaintiff’s calculation of interest declaration erroneously references a “loan principal.” This case does not involve a loan. It appears to the court that prejudgment interest should be calculated pursuant to Civil Code § 3287 at 7%/annum. Plaintiff is to provide the court with any authority to the contrary.

3.                  Plaintiff has not provided any incident and/or police reports and/or photographic

evidence regarding the incident, nor has it provided the court with any documentary evidence reflecting how damages were calculated.