Judge: Holly J. Fujie, Case: 24STCV08923, Date: 2025-04-10 Tentative Ruling

Case Number: 24STCV08923    Hearing Date: April 10, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BACKGROUND

            On April 9, 2024, Silvia T. Reyes and Perla A. Rubio (collectively, “Plaintiffs”) filed the complaint (the “Complaint”) against defendants Cedrick Anthony Mitchell (“Mitchell”), Patricia A. Heidelberg Black (“Black”), and DOES 1-100 (collectively, “Defendants”) for: (1) strict liability – California dog bite law [Code of Civil Procedure (“CCP”) §§ 3342(a); (2) negligence; and (3) negligence per se [Los Angeles County Code §§ 10.32.010 et seq.].

On February 10, 2025, Plaintiffs resubmitted their default judgment application seeking default against defendant Mitchell.  On March 6, 2025, the Court denied the default judgment application, without prejudice. On March 17, 2025, the Court granted Plaintiff’s ex parte application to set a hearing for disclosure of Mitchell’s financial condition.

DISCUSSION

Evidence of a defendant’s financial condition is a prerequisite to the award of punitive damages, ensuring the award of punitive damages is not excessive. (Adams v. Murakami (1991) 54 Cal.3d 105.) If a defendant fails to present records of their financial condition, they may be estopped from later challenging the punitive damages award for lack of evidence of their financial condition. (Garcia v. Myllylla (2019) 40 Cal.App.5th 990, 995; Mike Davidov Co. v. Issod (2000) 78 Cal.App.4th 597, 609–610.)

 Plaintiffs request default judgment against Mitchell in the total sum of $1,645,050.94, consisting of: (1) $4,086.64 in special damages; (2) $640,00.00 in general damages; (3) $964.30 in costs; and (4) $1,000,000.00 in punitive damages. The Court is unable to make a fully informed determination of whether an award of $1,000,000.00 in punitive damages against Mitchell is excessive unless the record contains evidence of Mitchell’s financial condition.

Cedrick Anthony Mitchell is hereby ORDERED to produce evidence of his financial condition by May 12, 2025 in response to the subpoena served upon him.   

Plaintiffs are ordered to give notice of this order.

Dated this 10th day of April 2025