Judge: Serena R. Murillo, Case: 19STCV30116, Date: 2022-10-17 Tentative Ruling

Case Number: 19STCV30116    Hearing Date: October 17, 2022    Dept: 29

Request for Court Judgment against Defendant Cruz Lopez

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Tentative: CONTINUE to allow Plaintiff to correct the following issues:

1)     All other defendants must be dismissed before the court may enter default judgment against Defendant Cruz unless the claims are severable.

(2)  Plaintiff has not shown entitlement to $10,000 in deposition costs as transcripts of court proceedings not ordered by the court is not an allowable cost under CCP section 1033.5(b) Further, Plaintiff has not shown that $2,032.6 in duplication and parking are allowable costs. Lastly, $2,440.38 in filing fees and $2,105.4 are not reasonable amounts. It appears that Plaintiff is adding all costs incurred, including costs pertaining to answering defendants.

(3)  Interest rate of 10% is improper. In a non-contracts case, Plaintiff’s request must be based on a prejudgment interest rate of 7% (Cal. Const. Art. 15 § 1). 

(4)  Plaintiff is entitled to prejudgment interest only when the amount of principal damages was “certain, or capable of being made certain by calculation” prior to entry of judgment (CC 3287).  Not from date of accident if principal damages were not yet certain. This means that interest cannot be calculated on general damages -- only on special damages, and only on the date that amount was made certain.