Judge: Daniel M. Crowley, Case: 20STCV47523, Date: 2023-02-09 Tentative Ruling

Case Number: 20STCV47523    Hearing Date: February 9, 2023    Dept: 28

Having considered all documents submitted in support of a default judgment, the Court rules as follows.

BACKGROUND

On December 11, 2020, Plaintiff Rafael Ramsey (“Plaintiff”) filed this action against Defendants Abigail Franco (“Franco”) and Bennie Car Sales (“Sales”) for motor vehicle negligence and negligence.

On January 29, 2021, Franco filed an answer.

On June 8, 2022, the clerk entered default against Sales. On January 4, 2023, Plaintiff filed a Request for Court Judgment to be heard on February 9, 2023.

PARTY’S REQUEST

            Plaintiff requests the Court to enter a default judgment against Defendant Bennie Car Sales $155,643.81 consisting of $55,000.00 in special damages, $100,000.00 in general damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $643.81 in costs.

DISCUSSION

The evidence offered in support of special damages is insufficient to justify an award of $55,000.00. There is no evidence offered in support of $10,000.00 of special damages for future physical therapy, beyond a general declaration from Plaintiff that states his doctors have informed him of this cost. Plaintiff must provide sufficient proof of special damages. Additionally, Plaintiff has provided insufficient evidence to support an award of $100,000.00 in general damages. There is no description of any pain, suffering or impact on Plaintiff’s quality of life in the declaration or write up, and thus there is no basis for general damages. Plaintiff merely states “My symptoms affect my daily life activities.”

Based on the above, the Court denies the petition.

CONCLUSION

The application for default judgment filed on January 4, 2023, is DENIED.

Plaintiff is ordered to give notice of this ruling.