Judge: Serena R. Murillo, Case: 18STCV04036, Date: 2022-09-01 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 

IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 

ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 18STCV04036    Hearing Date: September 1, 2022    Dept: 29

TENTATIVE

Defendants Nichols Lumber & Hardware Co., and Charles Nichols’ motion to compel Plaintiffs’ statement of damages is GRANTED. Plaintiffs Eaton Fararo and Orly Fararo are ordered to provide their statement of damages to Defendants within 30 days of this order.

Legal Standard

Statement of Damages

“When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought.  The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days.  If a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.” (Code of Civil Proc. § 425.11(b).) 

Discussion

On January 7, 2022, Defendants served their request for Statement of Damages to both Plaintiffs, Eaton and Orly Fararo. (Harman Decl., ¶ 3; Exhs. A-B.) Plaintiffs’ Statements of Damages were due on January 25, 2022. (Id.) On February 1, 2022, Defendants served a meet and confer correspondence requesting Plaintiffs serve their Statements of Damages immediately since they had not yet been received. (Id., ¶ 4; Exh. C.) On March 8, 2022, having still not received the Statements of Damages, Defendants sent another meet and confer correspondence, requesting that Plaintiffs serve their overdue Statements of Damages. (Id., ¶ 8; Exh. G.) Plaintiffs responded that it was their position that the Statements of Damages were “not really something [Plaintiffs] have to respond to.” (Id.) To date, Plaintiffs have still not served any statements setting forth the nature and amounts

of damages being sought. (Id., ¶ 9.)

As Defendants properly served Plaintiffs with a request for Statement of Damages and Plaintiffs have not responded, the Court finds Defendants are entitled to a court order directing Plaintiff to provide their Statement of Damages.  Therefore, the motions is granted. 

Conclusion

Accordingly, Defendants’ motion to compel Plaintiffs’ statement of damages is GRANTED. Plaintiffs are ordered to provide their statement of damages to Defendants within 30 days of this order.

Moving party is ordered to give notice.