2013-00153807-CU-PA

Jerryne Dean vs. Richard L. Mays

Nature of Proceeding: Motion for Entry of Default Judgment

Filed By: Gray, Thomas J.

Appearance required.

This is a default prove-up hearing in a personal injury action arising out a motor vehicle collision. Plaintiffs shall be prepared to provide testimony and/or documentary evidence to support the claims of special and general damages. Plaintiffs must produce proof of damages despite defendant’s default. (Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1745.) The plaintiff must produce evidence sufficient to establish a prima facie case for the sought-for damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361; see also C.C.P., sec. 585(b)).

The Court would note that the prove-up package reflects past medical expenses (economic damages) of approximately $26,365.18 for Plaintiff Jerryne Dean and $2,483.65 for Plaintiff Timothy Dean. (Gray Decl. Exhs. 6, 7.)

The Court expects that, prior to the hearing, fictitious defendants will have been dismissed as required by California Rules of Court 3.1800(a)(7).