Judge Lynette Gridiron Winston, Case Number: 24PSCV01589, Date: 2025-05-05 Tentative Ruling

Judge: Lynette Gridiron Winston, Case: 24PSCV01589, Date: 2025-05-05 Tentative Ruling

Case Number: 24PSCV01589 Hearing Date: May 5, 2025 Dept: 6

CASE NAME: Jimmy Fajardo by and through his G.A.L. Stephanie Maravilla v. Olive Garden Holdings, LLC, et al.

Defendant N and D Restaurants, LLC dba Olive Garden’s Motion for Order Directing Plaintiff to Provide a Statement of Damages

TENTATIVE RULING

The Court GRANTS Defendant N and D Restaurants, LLC dba Olive Garden’s motion for order directing Plaintiff to provide a statement of damages. Plaintiff must serve a properly completed Statement of Damages on Judicial Council Form CIV-050 on Defendant N and D Restaurants, LLC dba Olive Garden within 10 days of this order.

Defendant N and D Restaurants, LLC dba Olive Garden is ordered to give notice of the Court’s ruling within five calendar days of this order.

BACKGROUND

This is a premises liability action. On May 17, 2024, plaintiff Jimmy Fajardo by and through his G.A.L. Stephanie Maravilla (Plaintiff) filed this action. On May 21, 2024, Plaintiff filed the operative First Amended Complaint against defendant N and D Restaurants, LLC dba Olive Garden (erroneously sued as Olive Garden Holdings, LLC, Darden Restaurant, Inc., Darden Concepts, Inc., Olive Garden Italian Kitchen, and Olive Garden Italian Restaurant) (Olive Garden) and Does 1 to 50, alleging one cause of action for premises liability.

On April 4, 2025, Olive Garden moved for an order directing Plaintiff to provide a Statement of Damages. The motion is unopposed.

LEGAL STANDARD

“When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.” (Code Civ. Proc., § 425.11, subd. (b).)

DISCUSSION

Olive Garden indicates that it served a request for Statement of Damages on Plaintiff on September 20, 2024, and Plaintiff did not provide one until February 14, 2025. But, Olive Garden indicates that Plaintiff failed to include the amount of damages sought. Olive Garden indicates having tried to resolve this problem with Plaintiff, but to no avail. Olive Garden therefore requests the Court order Plaintiff to serve a responsive Statement of Damages.

The Court finds Olive Garden’s motion well taken. The Statement of Damages Plaintiff served on February 14, 2025, is incomplete and does not state the amount of damages requested. (Hardy Decl., Ex. C.) Plaintiff must provide Olive Garden with a properly completed Statement of Damages, which includes both the nature and amount of damages sought. (See Code Civ. Proc., § 425.11, subd. (b).) The Court further notes Plaintiff’s lack of opposition and construes it as a concession that Olive Garden’s motion is meritorious. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion, "it is assumed that [nonmoving party] concedes" that ground].)

Based on the foregoing, the Court GRANTS the motion. Plaintiff must provide Olive Garden a properly completed Statement of Damages on Judicial Council Form CIV-050 within 10 days of this order.

CONCLUSION

Defendant N and D Restaurants, LLC dba Olive Garden is ordered to give notice of the Court’s ruling within five calendar days of this order.

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