Judge: Thomas D. Long, Case: 21STLC01133, Date: 2023-08-11 Tentative Ruling

Case Number: 21STLC01133    Hearing Date: August 11, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 9, 2021, Plaintiff Connect by American Family filed this subrogation action against Defendant Haroldo Lopez, and on May 18, 2021, Plaintiff filed a first amended complaint (“FAC”).  Defendant filed an answer on December 2, 2021.

On January 10, 2023, Plaintiff filed a motion for terminating sanctions.  On March 21, 2023, the Court granted the motion and ordered that Defendant’s answer be stricken.  Default was entered on April 11, 2023.

At the May 1, 2023 Final Status Conference, Plaintiff’s counsel represented to the Court that the case had reached a settlement, so the Court vacated the dates for the jury trial and OSC Re: Dismissal for Failure to Enter Default and Default Judgment.

On July 14, 2023, Plaintiff filed a request for entry of default judgment.

The Court’s March 21, 2023 order advised that before a default may be entered, a Statement of Damages must be served “in an action to recover damages for personal injuries or wrongful death.”  (Code Civ. Proc., § 425.11, subds. (b)-(d).)  The FAC includes a claim for subrogation arising from Plaintiff’s “payments under the Insured’s policy for the repair of the property and uninsured motorist bodily injury costs.”  (FAC ¶ 10.)  Thus, the underlying action that gave rise to this action was to recover damages for personal injuries, and Plaintiff’s subrogation claim is arguably “an action to recover damages for personal injuries.”  Although the FAC expressly demanded a judgment of $34,892.35, to ensure that Defendant has the required formal notice (see Code Civ. Proc., § 580, subd. (a)) and to avoid entering a void judgment, the Court required a Statement of Damages in this action.

The Court therefore ordered that before Plaintiff files a request for entry of default, Plaintiff must serve and file a Statement of Damages in accordance with Code of Civil Procedure section 425.11, subdivisions (c)-(d).  Plaintiff did not do so before filing his requests for entry of default and default judgment.

Accordingly, the request for entry of default judgment is DENIED WITHOUT PREJUDICE, and the April 11, 2023 entry of default is VACATED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 11th day of August 2023