Judge: Salvatore Sirna, Case: 23PSCV01949, Date: 2024-05-22 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: 23PSCV01949    Hearing Date: May 22, 2024    Dept: G

Plaintiff Geico General Insurance Company’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

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

BACKGROUND

This is a personal injury action arising from an automobile collision. In December 2022, Defendant Stacey Maryan Olea was operating a motor vehicle on Arrow Highway in Azusa when Olea collided with Nataly Alferez’s vehicle. As a result, Alferez’s insurer, Plaintiff Geico General Insurance Company (Geico), paid Alferez $36,448.52 for personal injury and property damages.

On June 29, 2023, Geico filed a complaint against Olea and Does 1-10, alleging a single cause of action for subrogation. On July 18, 2023, Geico’s process server served Olea with substitute service in Covina.

On October 23, 2023, the Court entered default against Olea after Olea failed to timely file an answer. On May 15, 2024, Geico submitted the present application for default judgment.

An OSC Re: Default Judgment is set for May 22, 2024.

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

Geico seeks default judgment against Olea in the total amount of $39,314.36, including $36,448.52 in damages, $2,351.84 in interest, and $514.00 in costs. Because the Court finds Geico has submitted sufficient evidence, the Court GRANTS Geico’s application for default judgment.

CONCLUSION

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