Judge: Serena R. Murillo, Case: 21STCV27750, Date: 2023-01-11 Tentative Ruling

Case Number: 21STCV27750    Hearing Date: January 11, 2023    Dept: 29

 

CASE NUMBER: 21STCV27750

 

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Request for Court Judgment against Defendants Craig Armad Warner and Christopher Fuller

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Tentative: The Court has reviewed the request for default judgment, and is CONTINUING the matter to allow counsel to resubmit a default packet to correct the following issues:

(1)  To the extent Plaintiff seeks judgment against both Defendants, one CIV-100 should be filed listing the total damages.

(2)  Paragraph 7 of proposed judgment for each defendant should state: "Any credit on one judgment shall apply to all judgments in this case."

(3)  Paragraph 7 of the proposed judgment should also state that defendant Fuller’s liability 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).)

 

 

 

Damages

$39,556.95

Interest

$2,034.83

Costs

$588.15

Total

$36,591.78

 

 

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Facts:  This case stems from a multi-vehicle collision between Plaintiff’s insureds (2 separate vehicles) and Defendant Warner, who was operating a tractor trailer owned by Defendant Fuller.

 

11/23/2021

Default Entered against Defendants

4/5/2022

Doe dismissal submitted

 

 

Analysis:

Damages proved. Custodian of record’s declaration and supporting evidence is sufficient to support the amount of damages sought.  

 

Damages

$39,556.95

 

 

 

 

 

Costs

 

Clerk’s filing fees

$453.15

Process server’s fees

$135

Total

$588.15