Judge: Peter A. Hernandez, Case: 23PSCV03961, Date: 2024-05-16 Tentative Ruling

Case Number: 23PSCV03961    Hearing Date: May 16, 2024    Dept: K

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

Background   

Plaintiff Wesco Insurance Company (“Plaintiff”) seeks subrogation for a September 25, 2022 motor vehicle accident.

On December 21, 2023, Plaintiff filed a complaint, asserting a cause of action against Edgar Cisneros (“Defendant”) and Does 1-10 for:

1.                  Motor Vehicle

On March 1, 2024, Defendant’s default was entered.

A Case Management Conference is set for May 16, 2024.

Discussion

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

1.                  Plaintiff seeks $93,019.09 in special damages as set forth in Paragraph 2 of its Judicial Council Form CIV-100 Request for Court Judgment; however, Plaintiff’s complaint is devoid of any monetary amounts (Paragraph 14 therein states that the amount of damages is “according to proof”). In actions for money damages a default judgment is limited to the amount demanded in the complaint. (See Greenup v. Rodman (1986) 42 Cal.3d 822, 824.) The amount demanded in the complaint is determined both from the prayer and from the damage allegations in the complaint. (National Diversified Services, Inc. v. Bernstein (1985) 168 Cal.App.3d 410, 417-418). Plaintiff’s complaint is factually scant and consists of one cause of action for “Motor Vehicle,” with a notation on the first page indicating that it is for “subrogation.” The Case Summary, however, confirms that it is not a personal injury/wrongful death action. The Case Summary indicates that Plaintiff is a commercial property insurance provider whose insured, DZ Restaurant Group Inc. (“DZ”), sustained property damages from a motor vehicle operated by Defendant on September 25, 2022. Since this is not a personal injury/wrongful death action, Plaintiff cannot attempt to remedy the lack of monetary figures in the complaint via the Statement of Damages filed March 25, 2024. (See Sole Energy Co. v. Hodges (2005) 128 Cal.App.4^th 199, 206, fn. 4 [“Statements of damages are used only in personal injury and wrongful death cases, in which the plaintiff may not state the damages sought in the complaint. (Code Civ. Proc., § 425.11.) In all other cases, when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint”].) Plaintiff, at any rate, has not provided an executed proof of service for the Statement of Damages reflecting service of same prior to entry of default, as required (Code Civ. Proc., § 425.11; Hamm v. Elkin (1987) 196 Cal.App.3d 1343, 1346).

2.                  Plaintiff has not provided the court with any evidence as to Defendant’s liability.