Southeast Bank v. Lomingkit

“A default judgment may be improper against one of several codefendants if the other has raised defenses which, if proven, would establish the nonliability of the defaulting defendant.” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2026 Update) ¶ 5:263.) “If it appears that the defaulting defendant’s liability is dependent upon the answering defendant being held liable, no default judgment is proper.” (Id., ¶ 5:264, citing Adams Mfg. & Engineering Co. v. Coast Centerless Grinding Co. (1960) 184 Cal.App.2d 649, 655.)

“Similarly, no default judgment can be taken where several defendants are sued on a joint liability, and one of them answers asserting defenses which would exonerate the defaulting defendant from such liability.” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group June 2026 Update) ¶ 5:266, citing Mirabile v. Smith (1953) 119 Cal.App.2d 685, 689.)

Here, the complaint and moving papers appear to show that liability of La Habra Villa is dependent upon defendant Bok Senior Hotel, Inc. dba Bok Senior Hotel (Bok Senior Hotel) being held liable. The complaint does not allege misconduct specifically by La Habra Villa. Rather, La Habra Villa is sued as a doe defendant. The complaint alleges Doe Defendants 1 through 10, which includes La Habra Villa, “were the owners, operators, administrators, licensees, and supervisors of BOK SENIOR HOTEL and these individuals each ratified, authorized and/or directed the conduct as hereinafter described and alleged at BOK SENIOR HOTEL, and its respective agents and employees, and are therefore vicariously liable for the acts and omissions of these co-Defendants, their agents, and employees.” (Compl., ¶ 7.)

The evidence submitted by Plaintiffs all relates to the allegedly negligent care and treatment of decedent Peter Eymert at Bok Senior Hotel. Bok Senior Hotel filed an answer to the complaint in which it denied generally and specifically each and every allegation of the complaint and asserted twenty affirmative defenses. (ROA 167.) Trial in this matter is set to commence on October 5, 2026.

As it appears liability of La Habra Villa is dependent upon Bok Senior Hotel being held liable, the Court finds it appropriate to defer default judgment as to La Habra Villa until after trial of the other defendants.