Case Number: BC536901??? Hearing Date: April 11, 2017??? Dept: 98
TALKING HORSE EQUESTRIAN
CENTER, et al.,
CASE NO.: BC536901
[TENTATIVE] ORDER RE: PLAINTIFF?S REQUEST FOR DEFAULT JUDGMENT
April 12, 2017
On February 20, 2014, Plaintiff Victoria Andres (?Plaintiff?) filed this action against Defendants Talking Horse Equestrian Center; Mark Blakey; and Susan Blakey (?Defendants?) for alleged damages out of a February 25, 2012 fall from a horse. Default has been entered against Defendants and Plaintiff now seeks default judgment against them in the amount of $200,616.70.
When a defendant has been served and no answer, demurrer, or certain motion has been filed within the time specified in the summons, the clerk shall enter the default of the defendant. Cal. Code of Civ. Proc. ? 585(b). The court shall then render judgment in the plaintiff?s favor, not exceeding the amount stated in the statement of damages, as appears by the evidence to be just. Id.
Plaintiff seeks $200,000.00 in damages and $616.70 in costs. Plaintiff avers that she suffered a fractured pelvis, four fractured ribs, and a broken collarbone as a result of the incident and was required to spend three (3) weeks in Pomona Valley Hospital and another six (6) weeks in Ballard Rehabilitation Hospital for physical and occupational therapy and pain management. She further avers that she has had three surgeries since the incident and has been unable to conduct her routine daily activities, which has resulted in her termination by her employer.
Aside from her own declaration, Plaintiff has failed to attach any medical billing records or other evidence in support of her claim for medical expenses. Plaintiff fails to even specify the amount of medical expenses she has incurred as a result of the incident in her declaration.
In light of the foregoing, the Court finds that there is insufficient evidentiary support for the requested damages. Plaintiff?s request for default judgment is DENIED. Plaintiff is instructed to submit a revised default package with adequate evidentiary support of her damages.
Dated this 12th day of April, 2017
Hon. Holly J. Fujie
Judge of the Superior Court