Judge: Mark H. Epstein, Case: 18STCV09595, Date: 2024-03-06 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 18STCV09595    Hearing Date: March 6, 2024    Dept: I

The court has some issues regarding the potential default judgment.  The court wants to be sure that the numbers add up and there is no double counting for past actuals.  "Adjustments" to the bill are not recoverable.  Only what the carrier paid plus what the plaintiff paid out of pocket.  For futures, the court notes the number is high, but it is supported with an expert declaration that appears to be sufficient for these purposes.  However, that still does not get to the amount requested as actual damages, which is about $5.7 million.  The court needs to see how that number was calculated.  The court does not believe it can give any punitive damages here because there is no showing of defendant's financial condition and to the extent any implied showing is there, it suggests that defendant stands on bankruptcy's door.  Finally, there is no indication as to how the settlement is being apportioned.  The court would think that there is a dollar for dollar reduction in the amount of the default judgment based on the settlement with the other defendants.

That needs to be addressed in the next motion.