Judge: Serena R. Murillo, Case: 19STCV09843, Date: 2022-09-15 Tentative Ruling
Case Number: 19STCV09843 Hearing Date: September 15, 2022 Dept: 29
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Request for Court Judgment
against Defendants Roxana Yanira Sorto Arevalo and Jose Arriga Paz
Tentative: The Court has
reviewed the default judgment and is CONTINUING the matter to allow Plaintiff
to correct the following defects:
(1) Doe defendants have not been dismissed.
(2) Memorandum of Costs is not filled out on
CIV-100
(3) General damages are excessive in light of
$11,096.48 in special damages. The Court may only award general damages in an
amount that is at most three times special damages.
(4) In the statement of the case, Plaintiffs
request $612,304.67 in damages. But in the request for default judgment on form
CIV-100, Plaintiffs have listed the total amount they seek as $10,017.304.67.
The Court notes the form CIV-100 must contain the correct figure. Moreover, the
statement of damages served on Defendant only seeks $10,000,431.75. The court
cannot grant default judgment in an amount that is more than what is stated on
the statement of damages. Nevertheless, as general damages are excessive, this
will need to be corrected in any event.
(5) There should also be a proposed judgment
filed. Under paragraph 7, Plaintiffs should clarify Defendant Paz’s liability
as owner of the vehicle is limited to $5,000 for property damage, plus $15,000
for personal injury to one person / $30,000 for injury to more than one person. (Vehicle Code section 17151(a).)
(6) Paragraph 7 of the proposed judgment should
also say: "Any credit on one judgment shall apply to all judgments in this
case."