This case was last updated from Los Angeles County Superior Courts on 09/06/2019 at 00:05:17 (UTC).

CAESAR MORERA VS ANDREY A SWAYGOV

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4565

  • Filing Date:

    08/31/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT L. HESS

PATRICIA D. NIETO

 

Party Details

Plaintiffs

MRERA CAESAR

MORERA CAESAR

Defendants and Respondents

SWAYGOV ANDREY A.

SMYGOV ANDREY A.

 

Court Documents

Proof of Service by Substituted Service

8/28/2019: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

8/28/2019: Request for Entry of Default / Judgment

Minute Order

9/4/2019: Minute Order

Proof of Service by Substituted Service

5/31/2019: Proof of Service by Substituted Service

Affidavit

5/31/2019: Affidavit

Minute Order

7/1/2019: Minute Order

Minute Order

4/29/2019: Minute Order

Minute Order

1/23/2019: Minute Order

PROOF OF SERVICE SUMMONS

9/20/2018: PROOF OF SERVICE SUMMONS

Minute Order

10/29/2018: Minute Order

Request for Entry of Default / Judgment

12/12/2018: Request for Entry of Default / Judgment

Proof of Service by Mail

12/19/2018: Proof of Service by Mail

Notice of Rejection Default/Clerk's Judgment

1/2/2019: Notice of Rejection Default/Clerk's Judgment

Proof of Service by Substituted Service

10/11/2018: Proof of Service by Substituted Service

Minute Order

9/20/2018: Minute Order

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

6/21/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

8/31/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

8/31/2017: SUMMONS

13 More Documents Available

 

Docket Entries

  • 10/04/2019
  • Hearingat 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/04/2019
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default/Default Judgment) - Held

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  • 09/04/2019
  • DocketMinute Order ( (Order to Show Cause Re: Default/Default Judgment)); Filed by Clerk

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  • 08/28/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Caesar Morera (Plaintiff)

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  • 08/28/2019
  • DocketProof of Service by Substituted Service; Filed by Caesar Morera (Plaintiff)

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  • 07/01/2019
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default) - Held

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  • 07/01/2019
  • DocketMinute Order ( (Order to Show Cause Re: Default)); Filed by Clerk

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  • 05/31/2019
  • DocketProof of Service by Substituted Service; Filed by Caesar Morera (Plaintiff)

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  • 05/31/2019
  • DocketAffidavit of Reasonable Diligence; Filed by Caesar Morera (Plaintiff)

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  • 04/29/2019
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Default) - Held - Continued

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26 More Docket Entries
  • 04/17/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/17/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/10/2018
  • Docketat 08:30 AM in Department 24; Case Management Conference

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  • 01/10/2018
  • DocketMinute order entered: 2018-01-10 00:00:00; Filed by Clerk

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  • 10/18/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/18/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/31/2017
  • DocketComplaint; Filed by Caesar Morera (Plaintiff)

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  • 08/31/2017
  • DocketSUMMONS

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  • 08/31/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 08/31/2017
  • DocketORDER ON COURT FEE WAIVER

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Tentative Rulings

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.