Judge: Robert C. Longstreth, Case: 37-2016-00033470-CU-BC-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2016-00033470-CU-BC-CTL OUTDOOR WORLD RV PARK INC VS ANTHONY MARINO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/31/2023

Cross-Defendants Magis Group, Inc., Outdoor World RV Park, Inc., and Jai Ramsawak's ('Cross-Defendants'') Motion to Vacate the Default Judgment and Modify the Judgment to the Amount Demanded in the Cross-Complaint (ROA 119) is GRANTED IN PART.

Default judgment was entered in favor of Cross-Complainant Anthony Marino and against Cross-Defendants jointly and severally on September 19, 2019 in the amount of $728,641.00.

Cross-Defendants challenge the default judgment on the grounds it is void. Specifically, Cross-Defendants contend the amount of the default judgment exceeds the amount demanded in the Cross-Complaint.

The Cross-Complaint contains a personal injury claim. No amount of damages may be alleged in a complaint for personal injury. (Code Civ. Proc. § 425.10.) Default may not be entered against a defendant in a personal injury case until after a statement of damages is served on the defendant. (Id.

at § 425.11.) Here, Cross-Complainant served a statement of damages on each of the Cross-Defendants by mailing it to Cross-Defendants' counsel on November 4, 2016. (Haines Decl. ¶¶ 3-4.) However, '[i]f a party has not appeared in the action, the statement shall be served in the same manner as a summons.' (Code Civ. Proc. § 425.11(d)(1).) Cross-Defendant Outdoor World RV Park, Inc., as the Plaintiff in the action, had already appeared. However, Cross-Defendants Magis Group, Inc. and Jai Ramsawak did not appear in the action until they filed their Answer to the Cross-Complaint on December 14, 2016. (ROA 17; see also ROA 16 (stricken).) Accordingly, Cross-Complainant was required to personally serve these two Cross-Defendants with the statement of damages. The court concludes the statement of damages was never properly served on Cross-Defendants Magis Group, Inc. and Jai Ramsawak.

'Ordinarily when a judgment is vacated on the ground the damages awarded exceeded those pled, the appropriate action is to modify the judgment to the maximum amount warranted by the complaint.' (Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1743.) 'Vacating the default judgment has no necessary effect on the underlying default and simply returns the defendant to the default status quo ante.' (Ibid.) Cross-Defendants assert the default judgment should be modified such that it is reduced to the jurisdictional minimum of $25,000.00. (See Greenup v. Rodman (1986) 42 Cal.3d 822, 830 (en banc).) Here, however, the court concludes both the entry of default and the default judgment are invalid.

(Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 761.62.) Default may not be taken unless a statement of damages has been served. (Code Civ. Proc. § 425.11(c).) Since the default was entered Calendar No.: Event ID:  TENTATIVE RULINGS

3042653  11 CASE NUMBER: CASE TITLE:  OUTDOOR WORLD RV PARK INC VS ANTHONY MARINO [IMAGED]  37-2016-00033470-CU-BC-CTL against Cross-Defendants Magis Group, Inc. and Jai Ramsawak before service of the statement of damages was properly achieved, it was entered prematurely. 'A prematurely entered default is invalid, and any judgment entered after an invalid default is also invalid.' (Schwab v. Southern Calif. Gas Co. (2004) 114 Cal.App.4th 1308, 1320 (disapproved on other grounds by Sass v. Cohen (2020) 10 Cal.5th 861, 887).) The court concludes the September 19, 2019 default judgment is void and orders it vacated. The court denies Cross-Defendants' request to modify the default judgment, given that it is not merely excessive, it is invalid. In addition, the court vacates entry of default against Cross-Defendants Magis Group, Inc. and Jai Ramsawak.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3042653  11