Judge: Salvatore Sirna, Case: 22PSCV01748, Date: 2023-10-27 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV01748    Hearing Date: October 27, 2023    Dept: G

Plaintiff Jaye Ann Aquino’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Jaye Ann Aquino’s Application for Default Judgment is TENTATIVELY GRANTED and the court will enter default judgment for Plaintiff in the amount of $15,988.28 upon Plaintiff’s dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court.

BACKGROUND

This is a personal injury action arising from an automobile collision. In July 2021, Plaintiff Jaye Ann Aquino was involved in an automobile collision with Defendant Carlos Ledezma at the intersection of East Amar Road and Witzman Drive in West Covina.

On November 9, 2022, Aquino filed a complaint against Ledezma and Does 1-10, alleging a cause of action for motor vehicle negligence. On April 26, Aquino’s process server personally served Ledezma in La Puente.

On August 3, 2023, default was entered against Ledezma. On October 20, Aquino submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for October 27, 2023.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

Aquino seeks default judgment against Ledezma in the total amount of $15,988.28, including $15,068 in damages and $920.28 in costs. Because the court finds Aquino has submitted sufficient evidence, the court GRANTS Aquino’s application for default judgment. 

CONCLUSION 

Based on the foregoing, Aquino’s application for default judgment is TENTATIVELY GRANTED and the court will enter default judgment for Aquino in the amount of $15,988.28 upon Aquino’s dismissal of the Doe Defendants in this action pursuant to Rule 3.1800, subdivision (a)(7) of the California Rules of Court.