On 08/31/2017 CAESAR MORERA filed a Contract - Other Contract lawsuit against ANDREY A SWAYGOV. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT L. HESS and PATRICIA D. NIETO. The case status is Pending - Other Pending.
****4565
08/31/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ROBERT L. HESS
PATRICIA D. NIETO
MRERA CAESAR
MORERA CAESAR
SWAYGOV ANDREY A.
SMYGOV ANDREY A.
8/28/2019: Proof of Service by Substituted Service
8/28/2019: Request for Entry of Default / Judgment
9/4/2019: Minute Order
5/31/2019: Proof of Service by Substituted Service
5/31/2019: Affidavit
7/1/2019: Minute Order
4/29/2019: Minute Order
1/23/2019: Minute Order
9/20/2018: PROOF OF SERVICE SUMMONS
10/29/2018: Minute Order
12/12/2018: Request for Entry of Default / Judgment
12/19/2018: Proof of Service by Mail
1/2/2019: Notice of Rejection Default/Clerk's Judgment
10/11/2018: Proof of Service by Substituted Service
9/20/2018: Minute Order
6/21/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE
8/31/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
8/31/2017: SUMMONS
Hearingat 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)
Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default/Default Judgment) - Held
DocketMinute Order ( (Order to Show Cause Re: Default/Default Judgment)); Filed by Clerk
DocketRequest for Entry of Default / Judgment; Filed by Caesar Morera (Plaintiff)
DocketProof of Service by Substituted Service; Filed by Caesar Morera (Plaintiff)
Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default) - Held
DocketMinute Order ( (Order to Show Cause Re: Default)); Filed by Clerk
DocketProof of Service by Substituted Service; Filed by Caesar Morera (Plaintiff)
DocketAffidavit of Reasonable Diligence; Filed by Caesar Morera (Plaintiff)
Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default) - Held - Continued
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketNotice of Case Management Conference; Filed by Clerk
Docketat 08:30 AM in Department 24; Case Management Conference
DocketMinute order entered: 2018-01-10 00:00:00; Filed by Clerk
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketNotice of Case Management Conference; Filed by Clerk
DocketComplaint; Filed by Caesar Morera (Plaintiff)
DocketSUMMONS
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketORDER ON COURT FEE WAIVER
Case Number: BC674565 Hearing Date: July 27, 2020 Dept: 24
Plaintiff Caesar Morera’s default judgment application is DENIED. Entry of default is vacated.
Plaintiff Caesar Morera brought suit against Defendant Andrey A. Swaygov on August 31, 2017. The Complaint apparently arises out of a traffic collision, though there are no facts alleged in the complaint.
Defendant was defaulted August 28, 2019. Plaintiff again requests default judgment be entered against Defendant for $61,846.48
The Court cannot enter default judgment at this point. CCP section 425.11 states, in relevant part:
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served in the following manner:
(1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.
(Emphasis Added.)
Therefore, default is lifted as to Swaygov. Plaintiff should serve a statement of damages consistent with the above section to support his default judgment before seeking default against Swqaygov.
Accordingly, Plaintiff’s request for default judgment is DENIED.
Case Number: BC674565 Hearing Date: February 04, 2020 Dept: 24
Plaintiff Caesar Morera’s default judgment application is DENIED.
Plaintiff Caesar Morera brought suit against Defendant Andrey A. Swaygov on August 31, 2017. The Complaint apparently arises out of a traffic collision, though there are facts alleged in the complaint.
Defendant was defaulted August 28, 2019. Plaintiff requests default judgment be entered against Defendant for $61,846.48.
The Court cannot enter default judgment at this point. CCP section 425.11 states, in relevant part:
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served in the following manner:
(1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.
Here, Plaintiff brings an apparent personal injury action (though no facts are alleged in the complaint, beyond attached a police report indicating that a traffic collision occurred). There is no a statement of damages on file, despite it being required for default judgment in this personal injury action per CCP section 425.11.
Even if a statement of damages was not required, no demand for money is made in the complaint. Here, the demand only states damages according to proof. (Compl., ¶ 14.) General demands in the prayer do not provide adequate notice of the relief sought to support a default judgment. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494-495.)
Therefore, default should be lifted, and Plaintiff should serve a statement of damages to support his default judgment before seeking default again.
Even ignoring these issues, the Court could still not enter default as requested. Plaintiff submits no evidence of damages, as required for default judgment. (See CRC Rule 3.1800(a).) Plaintiff also does not submit a summary of the case. (Ibid.)
Accordingly, Plaintiff’s request for default judgment is DENIED.
Case Number: BC674565 Hearing Date: December 02, 2019 Dept: 24
Plaintiff Caesar Morera’s default judgment application is DENIED.
Plaintiff Caesar Morera brought suit against Defendant Andrey A. Swaygov on August 31, 2017. The Complaint apparently arises out of a traffic collision, though there are facts alleged in the complaint.
Defendant was defaulted August 28, 2019. Plaintiff requests default judgment be entered against Defendant for $61,846.48.
The Court cannot enter default judgment at this point. CCP section 425.11 states, in relevant part:
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served in the following manner:
Here, Plaintiff brings an apparent personal injury action (though no facts are alleged in the complaint, beyond attached a police report indicating that a traffic collision occurred). There is no a statement of damages on file, despite it being required for default judgment in this personal injury action per CCP section 425.11.
Even if a statement of damages was not required, no demand for money is made in the complaint. Here, the demand only states damages according to proof. (Compl., ¶ 14.) General demands in the prayer do not provide adequate notice of the relief sought to support a default judgment. (See Becker v. S.P.V. Const. Co., Inc. (1980) 27 Cal.3d 489, 494-495.)
Therefore, default should be lifted, and Plaintiff should serve a statement of damages to support his default judgment before seeking default again.
Even ignoring these issues, the Court could still not enter default as requested. Plaintiff submits no evidence of damages, as required for default judgment. (See CRC Rule 3.1800(a).) Plaintiff also does not submit a summary of the case. (Ibid.)
Accordingly, Plaintiff’s request for default judgment is DENIED.