Judge: Lisa K. Sepe-Wiesenfeld, Case: 23SMCV05212, Date: 2024-05-17 Tentative Ruling
Case Number: 23SMCV05212 Hearing Date: May 17, 2024 Dept: N
TENTATIVE RULING
CONTINUE
Plaintiff has failed to describe a basis for the amount sought in this default package. First, as to pain, suffering, emotional distress, and loss of consortium, the amount is excessive when Plaintiff provides no evidence that he has had to call out sick to work, leave the premises and stay at a hotel, or see a medical professional for these problems. Second, there is no loss of consortium claim in the complaint. Third, this appears to be an issue that should be handled by the homeowners’ association and the City of Los Angeles, and the descriptions of attempts to resolve the issue with those entities are insufficient to warrant permanent injunctive relief. Third, while Civil Code section 3288 allows interest in cases involving breaches of obligations not arising from contract, the basis for awarding interest here is unclear.