Judge: Wesley L. Hsu, Case: 22PSCV02949, Date: 2023-05-16 Tentative Ruling

Case Number: 22PSCV02949    Hearing Date: May 16, 2023    Dept: L

Plaintiff Amco Insurance Company’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Amco Insurance Company (“Plaintiff”) alleges as follows:

Plaintiff’s insured, Michelle Wong (“Insured”), is the owner of a rental property located at 18614 Marimba St., Rowland Heights, CA 91748 (“property”). Insured entered into a Residential Rental/Lease Agreement with Defendant Hong Du (“Defendant”), wherein Defendant agreed to rent the property from Insured commencing October 1, 2018. Defendant terminated his residency at the property on or about June 26, 2021. Insured thereafter inspected the property and discovered that Defendant had been conducting an illegal grow operation of marijuana there. Plaintiff paid Insured $64,143.39 in property damages, plus $8,520.00 loss of rent, pursuant to the policy provisions. Insured has also assigned her $2,500.00 out of pocket deductible expenses to Plaintiff for collection purposes.

On December 15, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for:

1.                  Damages in Subrogation for General Negligence

On February 14, 2023, Defendant’s default was entered.

A Case Management Conference is set for May 16, 2023.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.         Plaintiff’s employee Brandi Henderson attests that Insured assigned her out-of-pocket deductible expense of $2,500.00 to Plaintiff for collection purposes. (Henderson Decl., ¶ 11). Henderson, however, has failed to provide the court with any documentary evidence of the assignment and Insured’s declaration is silent as to same.

2.         Plaintiff is requested to provide the court with a copy of the applicable insurance policy.