Judge: Serena R. Murillo, Case: 20STCV30247, Date: 2022-11-01 Tentative Ruling

Case Number: 20STCV30247    Hearing Date: November 1, 2022    Dept: 29

Guadalupe Ramirez v. Felix F. Garcia

Request for Court Judgment against Defendant Felix F. Garcia

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Tentative: The Court is STRIKING entry of default. Statement of damages must be served prior to entry of default. Default was entered on January 21, 2022, whereas the proof of service for the statement of damages indicates it was served on February 6, 2022.

Further, there are additional defects in Plaintiff’s default packet:

(1)  Plaintiff has not shown entitlement to $317.24 in costs for medical records as CCP section 1033.5(b) expressly prohibits photocopying charges except for exhibits.

(2)  Doe defendants have not been dismissed.

(3)  Damages have not been proved. Plaintiff’s declaration is missing the exhibits for the medical bills.

(4)  General damages are excessive. The Court is only inclined to award general damages in an amount that is at most three times special damages.