Judge: Teresa A. Beaudet, Case: 24STCV11853, Date: 2025-06-04 Tentative Ruling

Case Number: 24STCV11853    Hearing Date: June 4, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Plaintiff Yesina Miramontes requests Entry of Default Judgment against Defendant Maria Gallo on behalf of both herself, and her children Brandon and Bella Espinosa (Plaintiffs). Plaintiffs in this case were tenants at 6149-6151 Easton St. Los Angeles, CA 90022, a duplex in East LA. Defendant is Maria Gallo, Plaintiffs’ former landlord. Plaintiffs initially moved into this duplex in June of 2021. They found it in a serious state of disrepair. In August of 2023, both Brandon and Bella Espinosa had their blood lead levels tested. Both were diagnosed with lead poisoning. Soon thereafter, the County of Los Angeles conducted an inspection of Plaintiffs’ residence and identified multiple vectors of lead exposure. The County ordered repairs and remediation, but Defendant failed to comply. Plaintiffs now seek judgment in the total amount of $550,651.30, comprising $550,000.00 in general damages, and $651.30 in costs.

Plaintiffs request $550,000.00 in general damages. (Form CIV-100 ¶ 2; Form JUD-100 ¶ 6.) Specifically, Plaintiffs requests $200,000.00 in damages each for Brandon and Bella Espinosa, for “[p]physical injuries and emotional distress from lead poisoning resulting in developmental delays, recurring illnesses, and behavioral issues.” (Miramontes Decl. ¶ 21.) Plaintiffs further request $150,000.00 for Yesenia Miramontes, for, “[e]motional distress from witnessing the injuries to both minor plaintiffs and anticipated future problems.” (Ibid.) Plaintiffs add that, “Ms. Miramontes is the primary caregiver to both minors and is responsible for all treatment, and will be the primary caregiver for any treatment Plaintiffs will require in the future. Additionally, Ms. Miramontes resided in slum housing conditions for more than three years, suffering anxiety, depression, and despair as a result of her living conditions.” (Ibid.)

First, the Court notes that while Plaintiffs have provided extensive evidence of their situation, they have not provided numerical evidence to support their calculation of $200,000.00 per child and $150,000.00 for Ms. Miramontes. In order to grant an entry of default, the Court needs to understand how these amounts were calculated. Examples of this would be past medical expenditures, evidence of lost wages, the cost of anticipated accommodations for the children, or declarations by an expert explaining the costs of future treatment.

Second, the Court notes that in their CIV-100 form, under the “amounts” column, Plaintiffs request a total judgment of $550,651.30. But, in the “balance” column, they request $555,651.30. (Form CIV-100 ¶ 2(f).) This is likely a typographical error, as this extra $5,000 is not present in Plaintiffs’ JUD-100 form. (Form JUD-100 ¶ 6.) Still, this should be corrected.

As for costs, Plaintiffs request $651.30 in costs. Plaintiffs provide a cost memorandum, stating they paid $435.00 in filing fees and $216.30 in process server fees. (Form CIV-100 ¶ 7.) Additionally, Plaintiffs make no request for attorney fees. Plaintiffs’ attorney, Matthew Brinton, makes no mention of a request for attorney fees in his declaration. (Brinton Decl. ¶¶ 1-3.) Therefore, these aspects of Plaintiffs’ submission are proper.

The Court also notes that Plaintiffs have met the other procedural requirements for an Entry of Default. They have submitted a CIV-100 form. (Request for Entry of Default.) They have dismissed the remaining defendants, Does 1 through 20. (Request for Dismissal.) They have filled out the declaration of non-military status for Defendant. (Form Civ-100 ¶ 8.) And, they provided a summary of the case. (Statement of the Case.)

For these reasons, the Court DENIES Plaintiff’s Request for Entry of Default Judgment.

Plaintiffs may file a revised proposed order, with these issues corrected.

DATED:  June 4, 2025                                   ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court