Judge: Daniel M. Crowley, Case: 21STCV00165, Date: 2023-02-01 Tentative Ruling

Case Number: 21STCV00165    Hearing Date: February 1, 2023    Dept: 28

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

BACKGROUND

On January 4, 2021, Plaintiff Tony Nguyen (“Plaintiff”) filed this action against Defendant Grant McPheron (“Defendant”) for motor vehicle negligence and negligent infliction of emotional distress.

On September 16, 2022, the clerk entered default against Defendant. On January 23, 2023, Plaintiff filed a Request for Court Judgment against Defendant to be heard on February 1, 2023.

PARTY’S REQUEST

            Plaintiff requests the Court to enter default judgment against Defendant Grant McPheron and award Plaintiff $200,000.00 consisting of $100,000.00 in special damages, $100,000.00 in general damages, $0.00 in prejudgment interest, $0.00 in attorney’s fees, and $0.00 in costs.

DISCUSSION

Plaintiff’s declaration provides insufficient proof to warrant the damages requested. First, the Court notes that Plaintiff provided medical bills as proof of special damages. However, the attached medical bills only total approximately $6,500.00. There is a declaration attached from a Hung Dinh Doan, M.D., that states current medical billings total $100,000.00, but there’s no evidence or explanation provided in support of that figure. An expert’s declaration with no explanation or evidence is not sufficient to justify such an award. Additionally, the request for general damages is unfounded, as Plaintiff has provided limited information as to any pain and suffering. The Court denies the request.

CONCLUSION

The application for default judgment filed on January 23, 2023, is DENIED.

Plaintiff is ordered to give notice of this ruling.