LIDIA MULLINGS ET AL VS QBE FIRST INSURANCE AGENCY INC ET AL

Tentative Rulings

Case Number: BC657676    Hearing Date: June 22, 2020    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED WITHOUT PREJUDICE

On April 17, 2017, Plaintiffs Lidia Mulling and Enrique Mullings filed the instant action against Defendants QBE First Insurance Agency, Inc. now known as NGLS Insurance Services Inc.; Balboa Insurance; Balboa Insurance Group, a member company of CW Insurance Group LLC; Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; Jon K. Takata Corporation dba Restoration Management Company; Jared Stones; and Does 1 through 100. On August 28, 2017, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name), naming QBE Americas, Inc. as Doe 1. On September 7, 2017, Plaintiffs filed an additional Amendment to Complaint (Fictitious/Incorrect Name) correcting Balboa Insurance to Newport Insurance Company. On November 16, 2017, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for:

1. Breach of Contract;

2. Breach of the Implied Covenant of Good Faith and Fair Dealing;

3. Fraud and Concealment;

4. Violation of Business & Professions Code section 17200;

5. Negligence;

6. Violation of Consumer Legal Remedies Act; and

7. Intentional Infliction of Emotional Distress.

On February 15, 2019, Plaintiffs dismissed NGLS Insurance Services, Inc.; Newport Insurance Company; CW Insurance Group, LLC; and QBE Americas, Inc. with prejudice. On July 19, 2019, default was entered as to Defendants Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; and Jon K. Takata Corporation dba Restoration Management Company (collectively referred to herein as “Defendants”). On January 7, 2020, Does 1 through 100 were dismissed without prejudice. 

On January 31, 2020, the Court denied without prejudice Plaintiff’s request for entry of default judgment. On June 18, 2020 Jared Stones was dismissed without prejudice. 

Plaintiffs seek entry of a default judgment of $862,148.88 against Defendants consisting of $457,813.48 in damages, $250,000.00 in punitive damages, $150,000.00 in attorneys’ fees, and $4,335.40 in costs.

The Court finds that Plaintiffs’ prove up papers are deficient.

Plaintiffs have failed to provide evidence sufficient to support the judgment sought against Defendants. While Plaintiffs seek $46,600.00 for furniture, furnishings, and clothing items; $7,783.09 in out of pocket repair costs; and $50,000.00 in other out of pocket expenses due to not having substantially similar living quarters, kitchen, etc., Plaintiffs have failed to provide any evidence to substantiate those numbers.

Moreover, Plaintiffs’ request for attorney fees far exceeds the schedule provided for in Local Rule 3.214. Pursuant to Local Rule 3.214(d), “[a]n application for a fee greater than listed in the foregoing schedule because of extraordinary services must include an itemized statement of the services rendered or to be rendered.” Plaintiffs have failed to provide such an itemized statement supporting the request for attorney fees.

Based on the foregoing, Plaintiffs’ request for entry of default judgment is DENIED without prejudice.

Case Number: BC657676    Hearing Date: January 31, 2020    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED WITHOUT PREJUDICE

On April 17, 2017, Plaintiffs Lidia Mulling and Enrique Mullings filed the instant action against Defendants QBE First Insurance Agency, Inc. now known as NGLS Insurance Services Inc.; Balboa Insurance; Balboa Insurance Group, a member company of CW Insurance Group LLC; Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; Jon K. Takata Corporation dba Restoration Management Company; Jared Stones; and Does 1 through 100. On August 28, 2017, Plaintiffs filed an Amendment to Complaint (Fictitious/Incorrect Name), naming QBE Americas, Inc. as Doe 1. On September 7, 2017, Plaintiffs filed an additional Amendment to Complaint (Fictitious/Incorrect Name) correcting Balboa Insurance to Newport Insurance Company. On November 16, 2017, Plaintiffs filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: 

1. Breach of Contract;

2. Breach of the Implied Covenant of Good Faith and Fair Dealing;

3. Fraud and Concealment;

4. Violation of Business & Professions Code section 17200;

5. Negligence;

6. Violation of Consumer Legal Remedies Act; and

7. Intentional Infliction of Emotional Distress.

On February 15, 2019, Plaintiffs dismissed NGLS Insurance Services, Inc.; Newport Insurance Company; CW Insurance Group, LLC; and QBE Americas, Inc. with prejudice. On July 19, 2019, default was entered as to Defendants Rightway Construction Builders, Inc.; George Pierce; Michelle Pierce; and Jon K. Takata Corporation dba Restoration Management Company (collectively referred to herein as “Defendants”). On January 7, 2020, Does 1 through 100 were dismissed without prejudice. 

Plaintiffs seek entry of a default judgment of $861,706.13 against Defendants consisting of $250,000.00 in general damages, $207,813.49 in special damages, $250,000.00 in punitive damages, $150,000.00 in attorneys’ fees, and $3,892.65 in costs.

The Court finds that Plaintiffs’ prove up papers are deficient. First, Plaintiffs have failed to submit a declaration of mailing or Proof of Service indicating service of the default judgment prove-up papers on Defendants. Second, Plaintiffs have failed to dismiss or provide a separate judgment for Defendant Jared Stones. Third, Plaintiffs’ Request for Court Judgment does not match the requested amounts provided in Plaintiffs’ summary of case nor are there any totals provided. Finally, Plaintiffs’ proposed judgment is incomplete, as no amounts were provided.

Based on the foregoing, Plaintiffs’ request for entry of default judgment is DENIED without prejudice.