Judge: Teresa A. Beaudet, Case: 24STCV03509, Date: 2025-04-22 Tentative Ruling
Case Number: 24STCV03509 Hearing Date: April 22, 2025 Dept: 50
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HARPREET JOHAL, Plaintiff, vs. SHELBY TUCKER, et
al., Defendants. |
Case No.: |
24STC03509 |
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Hearing Date: |
April 22, 2025 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT |
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Plaintiff Harpreet
Johal (“Plaintiff”) requests entry of default judgment against Defendant Shelby
Tucker. Plaintiff seeks judgment in the total amount of $94,517.72 comprising
$31,741.44 in special damages, $60,000 in general damages, and $2,776.28 in
costs.
The Court
has reviewed the default package. The following
issues must be corrected:
(1)
Plaintiff seeks $537.50 in costs for private investigator
fees. However, investigative expenses are expressly not allowable. (CCP §
1033.5(b)(2).)
(2)
Plaintiff seeks
damages for personal injury. (See Code Civ. Proc., § 425.11, subd.
(b).) Thus, Plaintiff must have served a Statement of Damages on
Defendant before entry of default in the manner of a summons. (See Code
Civ. Proc., § 425.11, subd. (c).) There is no proof of service (“POS”) indicating the
statement of damages was served in the manner of the summons, or at all. In the
default brief, counsel for Plaintiff states the POS is attached under exhibit 3
(Nahorai Decl., ¶ 3), but there is no attachment there. The Court notes
while there is a proof of publication, the statement of damages is not on the
publication. If there is no POS of the statement of damages, then entry of
default is void. The Court will allow Plaintiff an opportunity to file the POS
in the event it was served but proof was not filed. However, if Plaintiff fails
to file POS in the manner of a summons of the statement of damages, the Court
will strike the entry of default. Plaintiff must then serve the statement of
damages in the manner of the summons and seek re-entry of default.
(3)
As to the medical
bills, the bill for $2,680 from “Karma Relaxation Spa” is missing. Moreover,
the bill for acupuncture from Dr. Jared Lien is only for $708.41, not $2,289.48.
The remaining amount for medical expenses, $27,480.47, has been sufficiently
proven.
Based on the foregoing, the
request for default judgment is denied without prejudice.
DATED: April 22, 2025 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court