Judge: Serena R. Murillo, Case: 19STCV39374, Date: 2022-10-03 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: 19STCV39374 Hearing Date: October 3, 2022 Dept: 29
Request for Court Judgment
against Defendants Yune Lo, Zejun Tang, and Yufeng Hua
Tentative: The Court is STRIKES
entry of default against all three defendants. Moreover, the court denies
without prejudice the request for court judgment for the following reasons:
1)
Doe defendants must be dismissed
2)
Damages not proved. Declaration of Plaintiffs is
not sufficient to prove special damages. There is no supporting evidence of
special damages, such as medical bills. The court notes that Plaintiff has
lodged a doctor’s note. However, the evidence must be e-filed.
3)
Further, general damages are excessive in light
of the amount in special damages. The
court is inclined to award general damages in an amount that is at most three
times special damages.
4)
Statement
of damages must have been served prior to entry of default. Here statement of damages was served on April
15, 2021. However, default was entered on Defendant Lo on October 30, 2020. Thus,
entry of default against Lo must be stricken.
5)
Statement
of damages must have been served in the same manner of a summons. (CCP
425.11(c)-(d).) Here, the proof of
service on the statement of damages indicates it was served by mail. Plaintiff could
have served pursuant to CCP § 415.30, by mailing (by first- class mail
or airmail, postage prepaid) copies to the person served, together with two
copies of the form of notice and acknowledgment and a return envelope, postage
prepaid, addressed to the sender. Thus,
entry of default against all defendants must be stricken.
6)
Plaintiff has not shown entitlement to attorney fees
in a personal injury case.