Default Prove Up Hearing
25CV150766: ASPIRE GENERAL INSURANCE COMPANY, A CORPORATION vs TAMAYO, et al. 06/11/2026 Default Prove Up Hearing in Department 22
Tentative Ruling - 06/11/2026 Han N. Tran
The Court orders the following after review of the case.
The Default Prove Up Hearing scheduled for 06/11/2026 is continued to 08/20/2026 at 2:30 PM in Department 22 at Rene C. Davidson Courthouse.
The Court continues the default prove up hearing because the Court has identified deficiencies in the filings in support of plaintiff's request for default judgment.
Plaintiff is ORDERED to correct the following deficiencies by filing amended and additional declarations pursuant to Code Civ. Proc. § 585 no later than 8/13/26.
1. Plaintiff's insured shall file a declaration attesting to the insured's involvement in the incident at issue, identification of defendant(s), authenticating the police/collision/incident report, and describing the injuries suffered by the insured.
2. It does not appear that a statement of damages was served on defendants prior to the entry of default; at least a proof of service re: statement of damages has not been filed. If plaintiff intends to seek damages for personal injuries, plaintiff will need to request that the default be set aside, serve and file proof of service of the statement of damages, and then seek entry of default again.
3. Prejudgment interest is not recoverable because damages claim is not certain or capable of being made certain by calculation under Code Civ. Code 3287(a). An amended defualt judgment form (JUD-100) shall be filed.
Clerk is directed to serve copies of this order, with proof of service, to counsel and to selfrepresented parties of record.
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IF YOU DO NOT CONTEST THE TENTATIVE RULING AND IF NO OTHER PARTY CONTEST THE TENTATIVE RULING, YOU DO NOT HAVE TO ATTEND THE HEARING AND THE COURT WILL AFFIRM THE TENTATIVE RULING.
IF YOU DO CONTEST THE TENTATIVE RULING, FOLLOW THE PROCEDURE BELOW:
THROUGH eCOURT 25CV150766: ASPIRE GENERAL INSURANCE COMPANY, A CORPORATION vs TAMAYO, et al. 06/11/2026 Default Prove Up Hearing in Department 22 Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps:
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1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed
BY EMAIL Send an email to the DEPARTMENT CLERK (dept22@alameda.courts.ca.gov) and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
Notice via BOTH eCourt AND email is required. The tentative ruling will become the ruling of the court if no party contests the tentative ruling.