Judge: William A. Crowfoot, Case: 18STCV00643, Date: 2022-08-22 Tentative Ruling


Case Number: 18STCV00643    Hearing Date: August 22, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB,

                   Plaintiff(s),

          vs.

 

NERY ESTIB RODRIGUEZ MERIDA, et al.,

 

                   Defendant(s).

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      CASE NO.: 18STCV00643

 

[TENTATIVE] ORDER RE: PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

 

 

Dept. 27

8:30 a.m.

August 22, 2022

 

          On October 9, 2018, Plaintiff Interinsurance Exchange of the Automobile Club (“Plaintiff”) filed this subrogation action against Defendants Nery Estib Rodriguez Merida (“Nery”), Erick L. Meria (“Erick L.”), and Erick A. Merida (“Erick A.”) (collectively “Defendants”).

          Default was entered against Defendant Nery on April 3, 2019.  On April 6, 2021, after striking the answers filed by Defendants Erick A. and Erick L., default was entered against Erick A. and Erick L.

          On July 13, 2022, the Court denied Plaintiff’s application for default judgment against Defendant Nery without prejudice.  The Court found the application did not include sufficient evidence to support the amount of damages sought and Plaintiff failed to explain why a several judgment solely against Defendant Nery was appropriate when Erick L. and Erick A. remained parties to this case.

          At this time, Plaintiff seeks default judgment against Defendants in the amount of $75,785.00, consisting of $75,000.00 in uninsured motorist benefits and $785.00 in costs.  With respect to the judgment against Erick L. and Erick A., the registered owners of the vehicle involved in the collision, the proposed default judgment specifies that the judgment is limited by Vehicle Code section 17151(a) to a total of $15,785.00, consisting of $15,000.00 in uninsured motorist benefits and $785.00 in costs.

          The Court finds Plaintiff has submitted sufficient evidence to support the claim.

          Accordingly, Plaintiff’s request for entry of default judgment filed on July 28, 2022 is GRANTED.

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.