Judge: Peter A. Hernandez, Case: 23PSCV02079, Date: 2024-04-11 Tentative Ruling

Case Number: 23PSCV02079    Hearing Date: April 11, 2024    Dept: K

Plaintiff Martha Ramirez’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Martha Ramirez (“Plaintiff”) sustained injuries be damages in a May 18, 2023 motor vehicle accident.

On July 11, 2023, Plaintiff filed a complaint, asserting a cause of action against Qingzhong Wen (“Wen”), CHL Trucking, Inc. (“CHL”) and Does 1-10 for:

1.                  Motor Vehicle

On October 5, 2023, Wen’s and CHL’s defaults were entered.

An Order to Show Cause Re: Default Judgment is set for April 11, 2024.

Discussion

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

1.                  Plaintiff has failed to submit a full and complete application for default judgment. On March 22, 2024, Plaintiff submitted, without more, a two-page affidavit and a proposed judgment. Plaintiff has not provided the court with a brief summary of the case, as per California Rules of Court (“CRC”) Rule 3.1800, subdivision (a)(1). Plaintiff has not dismissed the Doe Defendants, or applied for a separate Code of Civil Procedure § 579 judgment as against them, er per subdivision (a)(7). Plaintiff previously filed a Judicial Council Form CIV-100 Request for Entry of Default on October 5, 2023; however, the amounts identified in Paragraphs 2 (i.e., $245,000.00 in special damages and $650,000.00 in general damages) and 7 (i.e., $700.00 in costs) do not correspond with the amounts sought in the proposed judgment (i.e., $100,000.00 in damages and $1,380.00 in costs).

2.                  Plaintiff has not attached any documentary evidence to her declaration regarding the accident and the cause thereof, nor as to her contentions that CHL was Wen’s employer at the time of the accident, that the vehicle Wen was driving was owned by CHL, that her car was a “total loss,” that she received emergency treatment at the hospital “for cervical symptoms, along with bruising, swelling and pain in [her] left leg, arm, and chest” and that she incurred $25,000.00 in medical charges. (Plaintiff’s Decl., ¶¶ 2-4 and 6). Plaintiff attests that she has followed up with her primary physician and with physical therapy but provides no medical records of her current condition or provide any information as to any future medical specials.