This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 14:20:11 (UTC).

VERNETTIE DANIELS VS ANTHONY M MOSS

Case Summary

On 02/27/2017 VERNETTIE DANIELS filed a Personal Injury - Other Personal Injury lawsuit against ANTHONY M MOSS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1598

  • Filing Date:

    02/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff

DANIELS VERNETTIE

Defendants and Respondents

MOSS ANTHONY M.

SUCCESS CONSTRUCTION + DEVELOPMENT CORPO-

MOSS ANTHONY M. DBA SUCCESS CONSTRUCTION DEVELOPMENT CORP LLC

MOSS ANTNONY M.

 

Court Documents

DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT, ETC

4/20/2017: DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT, ETC

Minute Order

5/31/2017: Minute Order

ORDER RE: (1) DEMURRER TO COMPLAINT (2) MOTION TO STRIKE PORTIONS OF COMPLAINT

5/31/2017: ORDER RE: (1) DEMURRER TO COMPLAINT (2) MOTION TO STRIKE PORTIONS OF COMPLAINT

Proof of Service

6/30/2017: Proof of Service

CONTRACT AMENDED COMPLAINT (NUMBER): FIRST

6/30/2017: CONTRACT AMENDED COMPLAINT (NUMBER): FIRST

REQUEST FOR ENTRY OF DEFAULT

4/18/2018: REQUEST FOR ENTRY OF DEFAULT

Proof of Service

4/18/2018: Proof of Service

CORRECTED PROOF OF SERVICE CIVIL

5/3/2018: CORRECTED PROOF OF SERVICE CIVIL

PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

6/8/2018: PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

REQUEST FOR ENTRY OF DEFAULT

6/8/2018: REQUEST FOR ENTRY OF DEFAULT

1ST AMENDED COMPLAINT REQUEST FOR ENTRY OF DEFAULT

7/13/2018: 1ST AMENDED COMPLAINT REQUEST FOR ENTRY OF DEFAULT

Minute Order

8/13/2018: Minute Order

Minute Order

11/7/2018: Minute Order

Minute Order

12/19/2018: Minute Order

Notice of Rejection

2/1/2019: Notice of Rejection

Minute Order

3/15/2019: Minute Order

Request for Entry of Default / Judgment

5/8/2019: Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death)

5/8/2019: Statement of Damages (Personal Injury or Wrongful Death)

8 More Documents Available

 

Docket Entries

  • 05/15/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 05/09/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (For Failure to Enter Default Judgment) - Not Held - Continued - Party's Motion

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  • 05/09/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal For Failure to Enter Defaul...)); Filed by Clerk

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  • 05/08/2019
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by Vernettie Daniels (Plaintiff)

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  • 05/08/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Vernettie Daniels (Plaintiff)

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  • 03/15/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal (For Failure to Enter Default Judgment) - Not Held - Continued - Party's Motion

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  • 03/15/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal For Failure to Enter Defaul...)); Filed by Clerk

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  • 02/01/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 12/19/2018
  • Docketat 08:30 AM in Department 4; Order to Show Cause Re: Dismissal (For Failure to Enter Default Judgment) - Held - Continued

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  • 12/19/2018
  • DocketMinute Order ((Order to Show Cause Re: Dismissal For Failure to Enter Defaul...)); Filed by Clerk

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23 More Docket Entries
  • 05/31/2017
  • DocketMinute Order

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  • 05/31/2017
  • DocketMinute order entered: 2017-05-31 00:00:00; Filed by Clerk

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  • 05/31/2017
  • DocketORDER RE: (1) DEMURRER TO COMPLAINT (2) MOTION TO STRIKE PORTIONS OF COMPLAINT

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  • 05/31/2017
  • DocketOrder; Filed by Court

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  • 04/20/2017
  • DocketMotion to Strike; Filed by Anthony M. Moss (Defendant); Antnony M. Moss (Defendant)

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  • 04/20/2017
  • DocketDEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT, ETC

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  • 02/27/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/27/2017
  • DocketSUMMONS

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  • 02/27/2017
  • DocketComplaint; Filed by Vernettie Daniels (Plaintiff)

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  • 02/27/2017
  • DocketORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: ****1598    Hearing Date: October 22, 2020    Dept: 28

Request for Default Judgment

Having considered all documents submitted in support of an application for default judgment, the Court rules as follows.

BACKGROUND

On February 27, 2017, Plaintiff Vernettie Daniels (“Plaintiff”) filed a complaint against Defendant Anthony M. Moss dba Success Construction Development Corporation (“Defendant”).

On June 30, 2017, Plaintiff filed a first amended complaint against Defendant. Plaintiff alleged breach of contract and fraud in the first amended complaint arising from deficient water damage repairs performed in August of 2015.

On July 13, 2018, the Court entered default against Defendant.

On July 1, 2020, Plaintiff filed an application for entry of default judgment against Defendant.

On July 6, 2020, the Court dismissed the complaint against all of the doe defendants.

A Non-Appearance Case Review Re: Default Judgment is scheduled for January 5, 2021.

PARTY’S REQUESTS

Plaintiff asks the Court to enter a default judgment against Defendant and award Plaintiff $195,374.17.

DISCUSSION

The Court finds the application filed on July 1, 2020 must be denied for two reasons.

First, Plaintiff did not give Defendant timely notice of being potentially liable for the $146,460.41 in special damages. A reasonable period of time must exist between a defendant’s actual notice of its liability and an entry of default against that defendant. (Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 435.) A fifteen-day period between when a defendant is served with a notice of its liability and when that defendant defaulted is reasonable when the complaint was served on that defendant more than thirty days before the entry of default. (See Schwab v. Southern California Gas Co. (2004) 114 Cal.App.4th 1308, 1323.) However, a two-day notice between the service of a statement of damages and an entry of default is an unreasonable notice that does not comport with due process. (See Matera v. McLeod (2006) 145 Cal.App.4th 44, 62.)

The only evidence of Plaintiff giving Defendant notice of his potential liability before the Court entered default against Defendant on July 13, 2018 was through service of the complaint. However, the complaint only put Defendant on notice of being liable for $93,000.00. An award against Defendant and in Plaintiff’s favor cannot exceed $93,000.00 pursuant to California Code of Civil Procedure section 580, subdivision (a).

Second, the calculation for prejudgment interest is based on Plaintiff’s request for $146,460.41 in special damages. It follows that the requested figure in prejudgment interest is not awardable because it is based on an amount of special damages that cannot be awarded.

CONCLUSION

The application for default judgment filed on July 1, 2020 is DENIED.

Plaintiff is ordered to give notice of this ruling.