Judge: Yolanda Orozco, Case: 21STCV36003, Date: 2022-07-29 Tentative Ruling

Case Number: 21STCV36003    Hearing Date: July 29, 2022    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED

BACKGROUND

On September 30, 2021, U-Haul Co. of California, U-Haul Co. of Arizona, and ARCOA Risk Retention Group, Inc., (“Plaintiffs”) submitted a complaint seeking a declaratory judgment against Funsho Monroe, Gideon Royale, and Does 1 through 100 pertaining to a rental contract. (Compl. Exhibit A.)

Plaintiffs allege that Defendants knowing, willfully, and intentionally conspired to defraud Plaintiffs when Defendants intentionally crashed a U-Haul truck in order to make an unlawful and fraudulent insurance claim. Consequently, Plaintiffs seek declaratory relief that no insurance policy issued or maintained by Plaintiffs provides any indemnity of coverage for Defendant Monroe for any claim brought by Defendant Royale.

Plaintiffs assert the Court has jurisdiction over the case under Cal. Civ. Pro. Code (CCP) Section 1060 and because the Declaratory Judgment pertains to claims in excess of $30,000.00. (Compl. ¶ 3.)

No Answer has been filed by either defendant.

Defendant Monroe is believed to reside at 6806 Decatur PI. Hyattsville, MD 20784. Monroe was served by personal service on February 11, 2022. Default was entered against Monroe on March 24, 2022.

Defendant Royale is believed to reside at 928 South Broadway, Los Angles, CA 90015. Royale was served by personal service on November 10, 2021. Default was entered against Royale on February 01, 2022.

LEGAL STANDARD

CCP § 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)

Discussion

Plaintiffs’ request for Default Judgment is deficient.

First, form CIV-100 seeks judgment against both Funsho Monroe and Gideon Royale while form JUD-100 only seeks Default Judgment as to Funsho Monroe.

Second, in support of their application for Default Judgment, Plaintiffs submitted form MC-030 but it states: “Plaintiffs request this extension of time to file Declaration because extra time needed to get clients’ approval and signature on the Declarations.” (See MC-053 filed 05/23/22.) Therefore, there is no declaration by Plaintiffs. Moreover, Plaintiffs failed to state how much extra time is needed to obtain the declarations. Plaintiffs had previously submitted a Declaration on April 13, 2022, asking the court to incorporate Plaintiffs’ Complaint as evidence seeking judgment only as to Defendant Monroe.

Lastly, the Doe defendants have not been dismissed. Plaintiffs need to dismiss the Defendants against whom judgment is not sought or file an application for separate judgment.

Based on the foregoing, Plaintiffs’ request for Default Judgment is DENIED.