On 07/14/2016 SAUL ARREGUIN filed a Personal Injury - Other Personal Injury lawsuit against THAIWADHANA KASAORN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and ELAINE LU. The case status is Pending - Other Pending.
****6997
07/14/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOLLY E. KENDIG
ELAINE LU
ARREGUIN SAUL
DUENAS ANA
KASAORN THAIWADHANA
DOES 1 THROUGH 50
SANCHEZ RUBEN
SANCHEZ MARTHA
COLIBRI PROPERTIES DOE 3
OCEANBRIDGE LAW FIRM A.P.L.C.
EKPENISI ESQ. MACAULEY ISIOMA
1/10/2018: REQUEST FOR DISMISSAL
1/16/2018: Minute Order
4/19/2018: Minute Order
6/7/2018: Minute Order
12/7/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice
3/1/2019: Request for Dismissal
3/8/2019: Application
3/8/2019: Request for Entry of Default / Judgment
5/13/2019: Minute Order
8/8/2016: Unknown
8/16/2016: CLERK'S NOTICE OF VOIDING OF FILING
8/25/2016: AMENDMENT TO COMPLAINT
8/25/2016: AMENDMENT TO COMPLAINT
10/31/2016: PROOF OF SERVICE SUMMONS
10/31/2016: PROOF OF SERVICE SUMMONS
3/24/2017: CLERK'S APPLICATION TO VACATE AND ORDER
4/28/2017: PROOF OF SERVICE SUMMONS
11/1/2017: PROOF OF SERVICE SUMMONS
at 08:30 AM in Department 26, Elaine Lu, Presiding; Case Management Conference (& OSC RE PROOF OF SERVICE) - Held - Continued
Minute Order ( (Case Management Conference & OSC RE PROOF OF SERVICE)); Filed by Clerk
Statement of Damages (Personal Injury or Wrongful Death); Filed by Saul Arreguin (Plaintiff); Ana Duenas (Plaintiff)
at 2:22 PM in Department 26, Elaine Lu, Presiding; Non-Appearance Case Review
Minute Order ( (Non-Appearance Case Review)); Filed by Clerk
Request for Entry of Default / Judgment
Certificate of Mailing for (Minute Order (Non-Appearance Case Review) of 03/08/2019); Filed by Clerk
Application (For Entry of Judgment Supporting Affidavit of Macauley Ekpenisi, Saul Arreguin, Ana Duenas)
Request for Dismissal; Filed by Saul Arreguin (Plaintiff); Ana Duenas (Plaintiff)
Notice of Ruling; Filed by Saul Arreguin (Plaintiff); Ana Duenas (Plaintiff)
Summons; Filed by Plaintiff/Petitioner
CIVIL DEPOSIT
Order on Court Fee Waiver (Superior Court); Filed by Clerk
Order on Court Fee Waiver (Superior Court); Filed by Clerk
ORDER ON COURT FEE WAIVER
ORDER ON COURT FEE WAIVER
Request to Waive Court Fees; Filed by Ana Duenas (Plaintiff)
COMPLAINT AGAINST LANDLORD BASED ON: 1. NEGLIGENCE [CIV. CODE 1714(A), 3333; ETC
Request to Waive Court Fees; Filed by Saul Arreguin (Plaintiff)
Complaint; Filed by Saul Arreguin (Plaintiff); Ana Duenas (Plaintiff)
Case Number: BC626997 Hearing Date: March 13, 2020 Dept: 26
Arreguin et al v. Kasaorn et al., BC626997
The Request for Entry of Default Judgment submitted on January 10, 2020 is denied without prejudice for the following reasons:
Judgment Form
No Proposed judgment form has been submitted.
Pending Defendants
No request for dismissal (Judicial Council Form No. CIV-110) has been filed for all remaining defendants (including un-served does and defendants who have appeared). Specifically, the Doe Defendants of the First Amended Complaint remain pending.
Lack of Military Declaration
The military declaration on form CIV-100 has not been executed.
Unclear Damages
It is unclear what damages Plaintiffs seeks. The First Amended Complaint filed on August 15, 2019 lists general damages according to proof, and a total of $36, 225.00. However, there appears to be a typo in one of the damages requested making damages possibly $47,250.00. The amended statement of damages filed on August 15, 2019 lists $78,175.86 of damages. The CIV-100 form filed on January 10, 2020 lists $64,040.86. Finally, Plaintiffs’ delcarations filed on January 10, 2020 only mention damages for a total of $43,540.86. As Plaintiffs have not filed any proposed judgment on form JUD-100, it is unclear what amount of damages Plaintiffs seek.
Damages
Plaintiff is missing a ledger, an accounting or invoices, from the original creditor, showing how the balance due was calculated. The documents submitted do not establish the judgment amount requested.
Plaintiffs request general damages of $30,550 for Intentional Infliction of Emotional Distress, but Plaintiffs have not provided evidence to support such an amount. Plaintiffs’ declaration do not mention or give any description of any pain or suffering.
Plaintiffs request Statutory Damages of $15,000, but Plaintiffs have failed to provide any explanation as to this amount of statutory damages
Plaintiffs request for $5,5670.86 for personal property damages. Plaintiffs have attached unauthenticated receipts. It is unclear what the receipts are for, and some of the receipts attached are in Spanish. (Cal. Rules of Court, Rule 3.1110, [“Exhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.”]) Further no basis has been stated in the declarations to explain how Defendants’ conduct caused these personal property damages. If the receipts are for replacement of personal property, Plaintiffs have failed to explain what items of personal property that they owned had to be replaced and why.
Plaintiff is to file a default judgment package, including a proposed judgment on form JUD-100 and deliver a courtesy copy to Department 26 within 3 weeks.
The OSC re entry of default judgment is continued to May 12, 2020 at 8:30 am.
Court Clerk to give notice.