Judge: Salvatore Sirna, Case: 24PSCV01545, Date: 2025-01-23 Tentative Ruling

Case Number: 24PSCV01545    Hearing Date: January 23, 2025    Dept: G

Plaintiff Wawanesa General Insurance Company’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

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

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In August 2023, Daniel Clark was involved in a motor vehicle collision with Defendant Julie Ann Butcher at the intersection of Vincent Avenue and Arrow Highway in Irwindale. At the time of the collision, Julie Ann Butcher was operating a motor vehicle owned by Defendant Richard Butcher. In February 2024, Plaintiff Wawanesa General Insurance Company (Wawanesa) made payments to Clark as Clark’s insurer to cover damages sustained in the collision.

On May 15, 2024, Wawanesa filed a complaint against the Butchers and Does 1-20, alleging a cause of action for motor vehicle negligence. On July 27, 2024, Wawanesa’s process server personally served Richard Butcher and served Julie Ann Butcher with substitute service in Davis.

On January 14, 2025, the court entered default against the Butchers after they failed to file a timely answer. On the same day, Wawanesa submitted the present application for default judgment.

An OSC Re: Default/Default Judgment and CMC are set for January 23, 2025.

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

Wawanesa seeks default judgment against the Butchers in the total amount of $63,327.91, including $62,704.91 in damages and $623.00 in costs. Because the court finds Wawanesa has submitted sufficient evidence, the court GRANTS Wawanesa’s application for default judgment.

CONCLUSION

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