Judge: Salvatore Sirna, Case: 23PSCV00244, Date: 2023-10-02 Tentative Ruling

Case Number: 23PSCV00244    Hearing Date: October 2, 2023    Dept: G

Plaintiff Progressive Select Insurance Company’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Progressive Select Insurance Company’s Application for Default Judgment is GRANTED.

BACKGROUND

This is an insurance subrogation action arising from an automobile accident. In November 2018, Defendant Ervin Flores was driving eastbound on State Route 60 in Diamond Bar. While it was raining, Flores lost control of the vehicle and swerved in front of a vehicle operated by Patricia Quintero, causing the two vehicles to collide. Pursuant to an automobile insurance policy held by Quintero, Plaintiff Progressive Select Insurance Company (Progressive) paid Quintero a total of $63,844.41 for personal injuries and property damage.

On January 26, 2023, Progressive filed a complaint against Flores and Does 1-20 for motor vehicle negligence. On February 10, Progressive’s process server served Flores with substitute service in Los Angeles.

On June 20, 2023, default was entered against Flores. On August 22, Progressive submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for October 2, 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

Progressive seeks default judgment against Flores in the total amount of $64,363.41, including $63,844.41 in damages and $519 in costs. Because the court finds Progressive has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, Progressive’s application for default judgment is GRANTED.