Judge: Michael E. Whitaker, Case: 22SMCV02850, Date: 2025-03-03 Tentative Ruling

Case Number: 22SMCV02850    Hearing Date: March 3, 2025    Dept: 207

RULING

Plaintiff Dyan Chicoine (“Plaintiff”) requests for default judgment against Defendants Unified Real Estate Services, Inc.; Del Rey Manor Owners Association; and Yaran Capital Group, LLC (“Defendants”) in the amount of $751,506.00, representing $1,506 in special damages and $750,000 in general damages. 

            Plaintiff’s Complaint alleges two causes of action for negligence and premises liability.  Defendants United Real Estate Services, Inc. and Del Rey Manor Owners Association were served with the summons and complaint via substitute service on June 22, 2023 and Defendant Yaran Capital Group, LLC was personally served with the summons and complaint on June 22, 2023.  Default was entered against Defendants on July 24, 2024, and the Doe defendants were dismissed on July 30, 2024. 

            Plaintiff’s Complaint does not specify the amount of damages sought.  (See Compl.)   In general, the Court cannot award damages that are in excess of what is pled in the Complaint.   (See Code Civ. Proc., § 580, subd. (a) [“The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136-1137 [“when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint”]. 

            However, a statement of damages pursuant to Code of Civil Procedure 425.11 may satisfy the due process requirements to put a defendant on notice of the amount at issue before a default is taken in personal injury or wrongful death cases.  (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1302 & Cal. Judges Benchbook, Civ. Proc. Before Trial § 16.16, p. 1924.)

            Here, Plaintiff served Statements of Damages on Defendants on October 23, 2023.  (See Proofs of Service filed October 26, 2023 & November 1, 2023.)  The Statements of Damages list $500,000 for “Pain, suffering, and inconvenience;” $250,000 for “Emotional distress;” and $1,506 for “Medical expenses (to date).”   As such, Plaintiff does not seek damages in excess of what was demanded in the statement of damages. 

            In support of the request, Plaintiff has provided the Declaration of Michael Daurio, Esq., attached to which is a copy of Plaintiff’s medical bill from Kaiser Permanente in the requested amount of $1,506.  In addition to the specific medical costs incurred, Plaintiff argues that the pain, suffering, inconvenience, and emotional distress she suffered were a result of the broken ribs she suffered, as evidenced by the medical bill.

            However, the medical bill merely indicates that on December 30, 2020, Plaintiff was charged a total of $1,506.00 for “Critical care delivery.” 

            Based on the medical bill alone, there is no evidence in the record that Plaintiff slipped and fell on Defendants’ property, that Plaintiff suffered broken ribs, or that Plaintiff endured pain, suffering, inconvenience, or emotional distress caused by Defendants.

            The Court continued the OSC re Default Judgment and instructed Plaintiff to file additional evidence in support of the request.  Plaintiff subsequently filed the Declaration of Dyan Chicoine, which provides:

2. On December 30, 2020, at approximately 3:00 p.m. in the County of Los Angeles, I was walking down the stairs at the premises owned by Defendants UNIFIED REAL ESTATE SERVICES, INC.; DEL REY MANOR OWNERS ASSOCIATION; and YARAN CAPITAL GROUP LLC. The last three stairs of the staircase were very slippery.

3. While I was walking down the stairs, I fell and injured three ribs and one of my lungs. As a result, I had to go to the hospital at Kaiser Permanente and receive medical treatment for my injuries.

4. My doctors at Kaiser Permanente advised me that I fractured three ribs and experienced a collapsed lung. The total medical bills for my treatment at Kaiser Permanente arising out of my injuries was $1,506.

5. Due to my injuries from the fall on Defendants’ premises, I experienced substantial pain and suffering. In the early days after the fall, I found myself sometimes having difficulty eating and difficulty breathing.

6. For years after the fall, I was unable to sleep on my left side due to the pain and discomfort. Even in the present day, I can sometimes feel my ribs aching into my back. My injuries have caused me inconvenience, and I have had to adjust how I live my life. These injuries have also taken an emotional toll on me.

(Chicoine Decl. ¶¶ 2-6.)

            As such, Plaintiff has now substantiated the requested damages.

CONCLUSION

            Therefore, Plaintiff’s request for default judgment is granted.  Plaintiff shall file a proposed Default Judgment on or before March 17, 2025 in conformance with the Court’s ruling.

            Further, the Court continues the Order to Show Cause re Entry of Default Judgment to April 4, 2025 at 8:30  A.M. in Department 207.  No appearance will be necessary on April 4, 2024 if the Default Judgment is entered before the scheduled hearing. 

DATED:   March 3, 2025                              ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court