2013-00138257-CU-PA

John Coulston vs. Aireka Nicole Loveland-Davis

Nature of Proceeding: Default Hearing

Filed By: Coulston, John

Appearance required.

This is a default prove-up hearing in a personal injury action.

CCP § 585(b) provides, in pertinent part “The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiff’s favor for that relief, not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by the evidence to be just.” Of course, no evidence is required to establish liability. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 281-282.) A defendant’s failure to answer the complaint admits the well-pleaded allegations of the complaint, and no further proof of liability is required. (CCP § 431.20; Kim, supra, at pp. 281-282.) The only additional proof required for a default judgment is that needed to establish damages. (See Beeman v. Burling (1990) 216 Cal.App.3d 1586, 1597; Ostling v. Loring (1994) 27 Cal.App.4th 1731, 1745.) Generally, a plaintiff is required to prove up her damages at a prove-up hearing. (See Kim, supra, 201 Cal.App.4th at p. 272.)

Plaintiff must personally appear to provide evidence in this action. Plaintiff shall be

prepared to provide testimony and/or documentary evidence to support the
$175,045.99 in special damages and the $1,000,000 in general damages. As noted
above, Plaintiff 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 damages. (Johnson v. Stanhiser (1999) 72
Cal.App.4th 357, 361; see also Code Civ. Proc. § 585(b).)

Plaintiff is also required to dismiss all Doe defendants prior to the hearing. California Rules of Court 3.1800(a)(7). Plaintiff shall bring proof of dismissal to the default judgment hearing.