Judge: Robert B. Broadbelt, Case: 24STCV17446, Date: 2025-06-16 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 24STCV17446    Hearing Date: June 16, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Aaron Gibson

RESPONDING PARTY:       n/a

Plaintiff’s Request for Court Judgment by Default

Plaintiff Aaron Gibson (“Plaintiff”) requests that the court enter default judgment in his favor and against defendant Antonio Diaz Flores (“Defendant”) in the total amount of $267,585, consisting of (1) $250,000 in general damages ($100,000 for pain and suffering, $50,000 for emotional distress, and $100,000 for loss of consortium), (2) $17,050 in medical expenses, and (3) $535 in costs.  (CIV-100, ¶ 2; Yadegari Decl., ¶¶ 8-9.)

The court notes the following defects with Plaintiff’s request for default judgment.

First, it is unclear the amount of the default judgment requested.  In Plaintiff’s counsel’s declaration, counsel appears to request that the court award Plaintiff the following: (1) $17,050 in medical expenses, (2) $50,000 for future medical expenses, (3) $1,500 for lost vacation, and (4) $250,000 in general damages (consisting of the amounts described above).  (Yadegari Decl., ¶¶ 8-9.)  However, the mandatory request for default judgment form (CIV-100) appears to omit the requested $50,000 and $1,500, since it requests $17,050 in special damages (representing the incurred medical expenses) and $250,000 in general damages.  (CIV-100, ¶ 2.)

Second, the court finds that Plaintiff has not dismissed all parties against whom judgment is not sought, as required, because Plaintiff has not dismissed Doe defendants 1-20.  (Cal. Rules of Ct., rule 3.1800, subd. (a)(7); Compl., ¶ 3 [naming as defendants Does 1-20].)

Third, even if Plaintiff had submitted all required documents in support of the request for default judgment, the court finds that the supporting declaration of counsel is insufficient to prove up Plaintiff’s requested damages.  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 272 [“even when the allegations of a complaint do support the judgment a plaintiff seeks, he is not automatically entitled to entry of that judgment by the court, simply because the defendant defaulted.  Instead, it is incumbent upon the plaintiff to prove up his damages, with actual evidence”] [emphasis in original].)

For example, Exhibit A to counsel’s declaration, consisting of Plaintiff’s medical records and bills, includes many blank pages, such that it appears that Exhibit A is incomplete.  (Yadegari Decl., Ex. A, PDF pp. 57-56, 68-97.)  The court also notes that, upon review of the billing records attached to Exhibit A, Plaintiff has established only $11,835 in medical expenses.  (Id. at pp. 6 [Jan. 25, 2023 invoice for $1,050], 7 [Feb. 14, 2023 invoice for $750], 24 [Jan. 19, 2023 invoice from Elihu Institute for $4,695], 42 [undated Beverly Hills Chiropractic invoice for $2,790], 57 [undated invoice from Pacific MRI for $2,550].)  Thus, Exhibit A does not prove that Plaintiff incurred $17,050 in medical expenses as requested.

Further, counsel does not have the personal knowledge required to attest (1) to Plaintiff’s lost vacation time, and (2) to the pain, suffering, emotional distress, and loss of consortium that Plaintiff suffered as a result of the subject accident.  (Yadegari Decl., ¶¶ 8-9.)  To the extent that Plaintiff is also seeking $50,000 for future medical expenses (which is not clear for the reasons set forth above), Plaintiff also has not submitted evidence sufficient to show that he is anticipated to incur medical expenses in that amount.  (Yadegari Decl., ¶ 8.)

For the reasons set forth above, the court denies plaintiff Aaron Gibson’s request for default judgment, without prejudice to plaintiff Aaron Gibson’s filing new default judgment papers required by California Rules of Court, rule 3.1800 (including a proposed judgment on form JUD-100) that cures the defects set forth above.

IT IS SO ORDERED.

DATED:  June 16, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court