Judge: Lee R. Bogdanoff, Case: 20STCV33756, Date: 2023-02-10 Tentative Ruling
Case Number: 20STCV33756 Hearing Date: February 10, 2023 Dept: 29
Tentative: The Court has
reviewed the request for default judgment. The matter is CONTINUED as all
defendants against whom a default judgment is not being sought must be dismissed.
Defendant Ho Fai Lam has not been dismissed.
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Facts: Plaintiffs
are the purchasers of an e-bike. As alleged, the bike’s brakes malfunctioned,
and Plaintiff Moore was thrown from the e-bike and sustained injuries,
including: skull fracture, traumatic brain injury, and cervical spine damage
among other injuries. She lost consciousness and woke up three days later in
the hospital. Although she continues to suffer back and neck pain, the most
significant injuries are caused by her TBI. These injuries include continuing
dizziness, nausea, tinnitus, vertigo, headaches, vision defects, lost sense of
taste and smell, hearing impairments, diminished coordination, diminished sex
drive, and fatigue. Moore’s husband Cesar Jimenez alleges a claim for loss of
consortium.
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12/15/2020 |
Default Entered against Defendants |
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12/19/2022 |
Doe Dismissal submitted |
Analysis:
Damages proved. Plaintiff’s
declaration and supporting evidence is sufficient to prove the amount of
damages sought.
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Costs
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waived |
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