Judge: Salvatore Sirna, Case: 23PSCV00286, Date: 2023-08-28 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 the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 23PSCV00286    Hearing Date: August 28, 2023    Dept: G

Plaintiff Crusader Insurance Company’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

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

BACKGROUND

This is an action arising from an automobile accident. In August 2021, Defendant Christopher Michael Hubbard was operating a vehicle in San Dimas when Hubbard crashed into a gas station insured by Plaintiff Crusader Insurance Company (Crusader).

On January 31, 2023, Crusader filed a complaint against Hubbard and Does 1-20, alleging a single cause of action for motor vehicle negligence. On February 18, Crusader’s process server served Hubbard with substitute service in Pittsburg.

On June 20, 2023, default was entered against Hubbard. On August 15, Crusader submitted the present application for default judgment.

An OSC Re: Default/Default Judgment is set for August 28, 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

Crusader seeks default judgment against Hubbard in the total amount of $67,900.02, including $67,381.02 in damages and $519 in costs. Because the court finds Crusader has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

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