Zagajeski v. Alliance Nursing Centers, Inc. (BC618049)
Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT
Respondent: NO OPPOSITION
TENTATIVE RULING
Plaintiff’s application for default judgment is DENIED without prejudice on the following grounds:
Attorney Vargas does not have personal knowledge to attest to the underlying facts of the case. Further, the court finds there is a failure of proof as to damages in the amount requested.
Does 1-50 have not been dismissed. (CRC 3.1800(a)(7).)
Plaintiff is not entitled to pre-judgment interest because damages are not certain and his right to recover did not vest until the date of judgment. (CC 3287(a).)
Plaintiff is not entitled to recover costs for “Faxes and Copies” and “Administration Fee.” (CCP 1033.5(b).)
Plaintiff may refile appropriate declarations and amended judgment for consideration at the next date – to be set today.
Hearing Date
March 05, 2018
Type
Other PI/PD/WD (General Jurisdiction)
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Zagajeski v. Alliance Nursing Centers, Inc. (BC618049)
Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT
Respondent: NO OPPOSITION
TENTATIVE RULING
Plaintiff’s application for default judgment is DENIED without prejudice on the following grounds:
Attorney Vargas does not have personal knowledge to attest to the underlying facts of the case. Further, the court finds there is a failure of proof as to damages in the amount requested.
Does 1-50 have not been dismissed. (CRC 3.1800(a)(7).)
Plaintiff is not entitled to pre-judgment interest because damages are not certain and his right to recover did not vest until the date of judgment. (CC 3287(a).)
Plaintiff is not entitled to recover costs for “Faxes and Copies” and “Administration Fee.” (CCP 1033.5(b).)
Plaintiff may refile appropriate declarations and amended judgment for consideration at the next date – to be set today.