2018-00230367-CU-PO

Shawn Malone vs. Garrett William Boyd

Nature of Proceeding: Default Hearing

Filed By: Schaps, Michael A.

This matter was continued from December 7, 2018 after the tentative ruling was posted due to illness of counsel.

Appearance required.

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.”

On default, 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 plaintiff’s damages at a prove-up hearing. (See Kim, supra, 201 Cal.App.4th at p. 272.)

In this personal injury action arising from an incident in which Plaintiff Shawn Malone

was hit by Defendant while riding his bicycle, Plaintiff seeks $230,000 in special
damages and $3,000,000 in general damages. Plaintiff’s wife Kristy Malone seeks
$500,000 in general damages on her loss of consortium claim. Plaintiffs shall appear
and be prepared to present evidence of the claimed special and general damages.

Plaintiffs are also required to dismiss all Doe defendants prior to the hearing.

Plaintiffs shall bring proof of dismissal to the default judgment hearing.