Judge: Serena R. Murillo, Case: 20STCV27965, Date: 2023-02-06 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: 20STCV27965    Hearing Date: February 6, 2023    Dept: 29

Tentative: The Court has reviewed the request for default against Defendants James Tylor Sablan Flores, and James Camacho Flores and is CONTINUING the matter to allow counsel to correct the following defects:

(1)  Damages have not been proved. General damages are excessive in light of the fact that there are no special damages claimed.

(2)  Plaintiff has not shown entitlement to costs for medical records. The Court notes that photocopying charges are not allowable costs under CCP section 133.5(b).

(3)  Paragraph 7 of the proposed judgment should specify that Defendant James Camacho Flores’ liability as the 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 17151(a).)

(4)  Paragraph 7 of the proposed judgment should also state: "Any credit on one judgment shall apply to all judgments in this case."

Facts:  This case arises from a collision between Plaintiff while he was on a motorcycle and Defendants. Defendant James Camacho Flores owns the vehicle Defendant James Tylor Sablan Flores was driving.

Analysis:

Damages not proved. Plaintiff’s declaration and supporting evidence is not sufficient to prove the amount of damages sought.

Costs