Judge: Peter A. Hernandez, Case: 23PSCV01279, Date: 2024-01-24 Tentative Ruling

Case Number: 23PSCV01279    Hearing Date: April 23, 2024    Dept: K

Plaintiff Benchmark Insurance Company’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Benchmark Insurance Company (“Plaintiff”) alleges as follows:

Aqua Construction Inc. (“Defendant”) applied for and obtained an insurance policy from Plaintiff. On or about July 5, 2022, Defendant became indebted to Plaintiff for unpaid premiums under the policy. Defendant has failed to pay same.

On April 27, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-100 for:

1.                  Failure to Pay Insurance Premiums

On July 19, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for April 23, 2024.

Discussion

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

Plaintiff’s Billing & Collections Manager, Melaneen DeWaal (“DeWaal”), attests that a copy of the insurance policy is attached to her declaration as Exhibit 1. Exhibit, 1, however, is comprised of a “Workers Compensation Application” dated January 13, 2021, an “Additional Remarks Schedule” with an effective date of March 23, 2021, a one-page “Summary of Submission Attachments,” a “Supplemental Application,” a one-page sheet entitled “Cumulative Loss Run Report Criteria,” a nine-page “Cumulative Loss Run Report” a one-page sheet entitled “Grand Total Summary,” a two-page “Loss Analysis Report,” a one-page “Risk Summary Report” and a two-page “Workers’ Compensation Experience Rating Form.” Plaintiff is requested to provide the court with a copy of the insurance policy.