Judge: William A. Crowfoot, Case: 24NNCV00350, Date: 2025-02-06 Tentative Ruling


Case Number: 24NNCV00350    Hearing Date: February 6, 2025    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

GARIK AROUTIOUNIAN, et al.,

                    Plaintiff(s),

          vs.

 

GEORGE CASTILLO,

 

                    Defendant(s).

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     CASE NO.:  24NNCV00350

 

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

 

 

 

 

 

Dept. 3

8:30 a.m.

February 6, 2025

 

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Plaintiffs Garik Aroutiounian, Norik Harutyunyan, and Lusine Harutyunyan (“Plaintiffs”) request a default judgment of $274,981.77 against defendant George Castillo (“Defendant”). Plaintiffs allege that Defendant, their neighbor, caused $274,402.17 in damages to their personal and real property.

As an initial matter, the Court cannot enter a default judgment at this time because Plaintiffs’ statement of damages has not been filed and the Court cannot ensure that the judgment does not exceed the amount demanded in the statement of damages. (Code Civ. Proc., § 585, subd. (b).) Also, Plaintiffs fail to substantiate the damages award that they request. Plaintiffs submit the sole declaration of Garik Aroutiounian, who authenticates copies of estimates he obtained for repairs that will be needed for four vehicles and a house. Plaintiffs fail to explain how a “BB Gun” could cause all of Plaintiffs’ claimed damages. For instance, there are no photographs showing damage that would require over $200,000 in construction work to the foundation, wood flooring, or the driveway. Nor do Plaintiffs explain why repairing the damage caused by the “BB Gun” to their house would involve electrical and insulation work as well as mold remediation. Photographs and additional declarations from the other two plaintiffs supporting the requested judgment is needed, as well as an explanation for why the repair estimates submitted are reasonable.  Last, the proposed judgment is deficient because it does not identify how the damages award will be distributed between the three plaintiffs. Notably, there does not to be any damages claimed by plaintiff Norik Harutyunyan.

In light of the foregoing, the Court sets a default prove-up hearing for _________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse. Plaintiffs are ordered to submit additional evidence including, but not limited to, photographic evidence and additional declarations, in order to substantiate their requested default judgment. Plaintiffs must also submit a revised proposed judgment on Form JUD-100. All documents and evidence must be filed no later than 5 court days before the hearing.

 

Dated this 6th day of February, 2025

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@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.