Judge: Serena R. Murillo, Case: 21STCV32534, Date: 2022-09-07 Tentative Ruling
Case Number: 21STCV32534 Hearing Date: September 7, 2022 Dept: 29
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Request for Court Judgment
against Defendants Kaiser Foundation Health Plan, Inc. and Sehgal Ashish, M.D.
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Tentative: CONTINUE to allow Plaintiff to correct the
following defects:
1.
The amount in interest requested is improper.
Prejudgment interest runs from the date the demand sought is made certain. This
means that Plaintiff is not entitled to prejudgment interest on his general
damages of $1,250,000 because these damages are not certain, or capable of being made certain by
calculation. (Civ. Code, ยง 3287(a).)
2.
The Court cannot consider the request for
default judgment if Plaintiff does not file a request for court judgment on Form
CIV-100. As Plaintiff is seeking judgment against Defendants jointly and
severally, one form CIV-100 can be used for both Defendants.
3.
There is no evidence to prove the amount sought
in special damages, such as medical bills showing Plaintiff incurred $1,250,000
in medical expenses.
4.
There is no memorandum of costs filed.